Can I get arrested for burglary if I didn't steal anything in Nevada?

Posted by Neil Shouse | Dec 01, 2014 | 0 Comments

Yes. A person can still be convicted of burglary in Nevada even if he/she never stole anything.

Under NRS 205.060, burglary occurs when someone enters any structure or vehicle with the intent to commit either of the following offenses while inside the structure or vehicle:

  • larceny, or
  • assault, or
  • battery, or
  • obtaining money by false pretenses, or
  • any felony crime

It does not matter whether the suspect was successful in carrying out any of the above crimes while inside the structure or vehicle. Merely having the intent to commit one of the above crimes while entering the structure or vehicle is sufficient for the person to be convicted of burglary. Also note that a person can be charged with burglary by entering a building or vehicle for the purpose of beating someone up or manufacturing drugs...having intent to commit a theft while inside is only way to commit the Nevada crime of burglary.

The Nevada crime of burglary without a deadly weapon is a category B felony carrying:

  1. 1 to 10 years in Nevada State Prison, and
  2. maybe up to $10,000 in fines

The Nevada crime of burglary with a deadly weapon carries harsher penalties:

  1. 2 to 15 years in Nevada State Prison, and
  2. maybe up to $10,000 in fines

Note that a first-offense of burglary in Nevada is probationable. Read more information 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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