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Can I be arrested for "burglary" in Nevada without breaking and entering?

Posted by Neil Shouse | Oct 22, 2014 | 0 Comments

Yes. "Breaking and entering" is not an element to the Nevada crime of burglary.

Nevada law defines burglary as the entry into any home, business, structure, vehicle, plane, or railcar, with the intent to either do any of the following acts inside:

  • commit a felony;
  • commit assault or battery;
  • commit larceny; or
  • obtain money or property by false pretenses

The key element to burglary in Nevada is that the suspect has to intend to commit a crime while entering the building or vehicle. If the suspect does not form a criminal intent until after he/she is inside, then it is not burglary. It does not matter whether the suspect walked in through an open door or broke in...as long as he/she had intent to commit a crime inside, he/she can be convicted of burglary.

Burglary is a category B felony in Nevada. If the defendant did not have a deadly weapon such as a gun at the time of the burglary, the punishment is:

  • 1 year and 10 years in Nevada State Prison, and
  • a fine of up to $10,000, and
  • restitution

But if the defendant did have a deadly weapon during the burglary, the punishment is harsher:

  • 2 year and 15 years in Nevada State Prison, and
  • a fine of up to $10,000, and
  • restitution

Note that repeat offenders are not eligible for probation. Read more on the Nevada crime of burglary.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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