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In Nevada, burglary is not simply “breaking into” a property — it’s a far more nuanced and serious offense. According to NRS 205.060, burglary occurs when a person enters a building, vehicle, or structure with the intent to commit theft, assault, battery, or any felony. Importantly, no actual theft needs to take place for burglary charges to stick. Merely having the intent can be enough for a conviction.
The penalties for burglary are severe, often including years in prison, steep fines, and a felony record that can impact your future employment, housing, and personal life.
Common Scenarios That Lead to Burglary Charges
Many people imagine burglary as a masked intruder entering a home at night. In reality, Nevada law casts a much wider net. Common situations that can result in burglary charges include:
- Entering a store after hours, intending to steal merchandise
- Breaking into a locked car to take valuables
- Entering someone’s home without permission, even if nothing is taken
- Walking into a building with the intent to commit another crime, such as assault
Burglary vs. Robbery: Clearing Up the Confusion
One common misunderstanding is the difference between burglary and robbery. Robbery involves taking something from a person using force or intimidation. Burglary, on the other hand, focuses on the entry with intent, regardless of whether anyone is present or property is taken.
Nevada’s Penalties for Burglary Convictions
Burglary is typically charged as a Category B felony in Nevada. The sentencing range can include:
- 1–10 years in prison for standard burglary
- 2–15 years if a deadly weapon was involved
- Fines up to $10,000
- Mandatory restitution for any damages caused
These penalties can increase if the burglary took place in an occupied dwelling or involved a firearm.
Possible Defenses Against Burglary Charges
Lack of Intent
If you entered a property without the intent to commit a crime, it’s not burglary. For example, mistakenly walking into the wrong apartment complex isn’t a felony — it’s an honest mistake.
Mistaken Identity
Surveillance footage and eyewitness testimony can be unreliable. If you’ve been wrongly identified, your attorney can challenge the evidence.
Permission to Enter
If you had lawful permission to be on the property, the prosecution’s case may collapse.
Illegal Search and Seizure
If police obtained evidence without a valid warrant or probable cause, your defense lawyer can push to have it suppressed.
Lack of Sufficient Evidence
The state must prove every element of burglary beyond a reasonable doubt. Without strong proof, a conviction cannot stand.
Addressing Related Charges in Burglary Cases
When facing burglary charges in Nevada, it’s common for prosecutors to file additional allegations alongside the main offense. These related charges can include trespassing, possession of burglary tools, vandalism, or even DUI offenses if a vehicle was involved in the alleged crime. For example, if you’re accused of breaking into a car and then driving away under the influence, you could be facing both burglary and DUI charges, each carrying its own set of severe penalties such as license suspension, substantial fines, and possible jail time.
A skilled defense attorney understands that every charge in your case must be addressed with a tailored defense strategy. Ignoring related offenses can lead to unexpected consequences, including administrative penalties or a longer criminal record. Your lawyer will carefully review the evidence brought by the prosecution, such as breath test results, field sobriety tests, or chemical test data in DUI cases, and look for procedural errors or constitutional rights violations that could lead to a significant reduction or dismissal of charges.
By building a comprehensive defense that considers all allegations—whether it’s a DUI offense, possession of tools, or other criminal accusations—your attorney can negotiate for favorable plea agreements, seek reduced penalties, or even have certain charges dismissed. This holistic approach is essential for protecting your rights, minimizing the impact on your future, and achieving the most favorable outcome possible.
Navigating the Nevada Legal System After a Burglary Charge
After a burglary arrest in Nevada, the legal process can feel overwhelming and complex. Understanding each stage is crucial to protecting your rights and making informed decisions. The journey typically begins with your initial arrest and booking, followed by an arraignment where you’ll hear the formal charges and enter a plea. At this stage, having an experienced defense attorney by your side is vital—they can advise you on your legal options and begin crafting an effective strategy.
Next, the court may address bail and conditions for your release. Your attorney can argue for reduced bail or release on your recognizance, helping you avoid unnecessary jail time. As your case progresses, pre-trial motions become a key part of the defense. These motions can challenge the prosecution’s evidence, such as improper administration of field sobriety tests, lack of probable cause for a search, or issues with officer training and calibration records in cases involving DUI allegations.
Throughout the process, your lawyer will analyze all evidence, identify mitigating factors, and look for procedural errors or constitutional rights violations that could weaken the prosecution’s case. Plea bargaining is also a critical phase, where your attorney may negotiate for reduced charges, diversion programs, or other favorable outcomes that limit the long-term impact on your life.
If your case proceeds to trial, your defense team will present evidence, cross-examine witnesses, and challenge the prosecution’s narrative at every turn. The goal is always to secure a dismissal, acquittal, or the most significant reduction in penalties possible.
Navigating the Nevada legal landscape requires knowledge, experience, and a proactive approach. By working with a skilled attorney from the very beginning, you give yourself the best chance at a positive outcome—whether that means fighting for your innocence in court or negotiating a resolution that protects your future. Don’t face the legal process alone; seek a confidential consultation to discuss your case and start building your defense today.
Why You Need a Skilled Burglary Defense Lawyer in Nevada
Navigating Nevada’s criminal justice system without experienced legal representation is like walking into a storm without an umbrella — risky and potentially disastrous. An attorney who knows local judges, prosecutors, and courtroom procedures can:
- Negotiate for reduced charges or dismissal
- Identify weaknesses in the prosecution’s case
- File motions to suppress unlawfully obtained evidence
- Build a strong defense narrative in your favor
Steps to Take If You’re Charged With Burglary
- Stay Silent — Anything you say to law enforcement can and will be used against you.
- Contact a Criminal Defense Attorney Immediately — The earlier you involve a lawyer, the better your chances of a favorable outcome.
- Preserve Evidence — Keep any messages, receipts, or records that could help your case.
- Avoid Discussing Your Case Online — Social media posts can become evidence for the prosecution.
The Role of Evidence in a Burglary Case
Strong defense strategies are built on carefully analyzing the evidence. This includes:
- Surveillance footage
- Fingerprints or DNA
- Witness statements
- Police reports
- Digital records such as GPS or phone data
If the evidence is weak or obtained illegally, your attorney can use that to your advantage.
Potential Plea Bargains in Nevada Burglary Cases
In some cases, your lawyer may negotiate with prosecutors to reduce a burglary charge to a lesser offense, such as trespassing or petty theft, which carry lighter penalties and may not involve prison time.
Impact of a Burglary Conviction on Your Future
Beyond the immediate legal penalties, a burglary conviction can:
- Damage your reputation
- Limit job opportunities
- Restrict housing options
- Affect immigration status if you’re not a U.S. citizen
That’s why it’s critical to fight the charges aggressively from the start.
FAQ
Can I be charged with burglary if nothing was stolen?
Yes. Under Nevada law, burglary is about intent, not whether you successfully took something.
Is burglary always a felony in Nevada?
Generally, yes, but charges can sometimes be reduced to misdemeanors if the evidence supports a lesser offense.
What should I do immediately after being arrested for burglary?
Exercise your right to remain silent and contact a qualified criminal defense attorney as soon as possible.
Can a burglary charge be dropped in Nevada?
Yes — if evidence is lacking, obtained unlawfully, or if there are procedural errors, your attorney can push for dismissal.
How long does a burglary case take to resolve?
It varies. Some cases resolve in a few months, while others may take a year or more, depending on complexity and court schedules.
Conclusion
If you or someone you care about is facing burglary charges in Nevada, your future is at stake. The Defense Firm has the experience, resources, and dedication needed to fight for your freedom.
Don’t wait. The sooner you act, the stronger your defense will be. Call 702-HELMICK (702-430-6943) today for a free, confidential consultation, and let our award-winning team protect your rights every step of the way.