The State of Nevada defines burglary as the entry into any home, business, structure, vehicle, plane or railcar with the intent to do any of the following inside:
- Commit larceny or grand larceny
- Commit any felony.
- Commit an assault or battery.
- Obtain money or property by false pretenses.
In order to prove the crime of burglary, the prosecution must prove that the accused entered onto the property with the intention of committing a criminal offense. In Nevada, breaking and entering is not an element of a burglary charge. A suspect need not engage in any sort of forced entry to be charged in a Las Vegas burglary case. He or she could enter through an open or unlocked door, or even be invited inside. If he or she enters intending to commit one of the crimes listed above, a burglary has taken place.
Whether or not the underlying crime was actually carried out is not a factor in determining guilt. As such, the prosecutor need not prove that the suspect actually committed any of these crimes inside the structure or vehicle. Merely having the criminal intent to do so--at the time of entry--is sufficient.
In Nevada, a burglary charge is "Category B Felony" and the accused faces between 1 year and 10 years in plus a fine of up to $10,000. Whether you have just been contacted by the police, or if you have already been charged it is imperative to speak to a knowledgeable and experienced Las Vegas Criminal Defense Attorney.
William A. Kennedy is an experienced Las Vegas Criminal Defense Lawyer. We understand that the penalties for a burglary conviction are severe and as a result we take an aggressive approach in defending against burglary charges. Contact our office today to schedule a free consultation.
