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    Comparing Nevada and California Burglary Laws

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    The basic definition of burglary is the same in California and Nevada: entering a structure or vehicle intending to commit certain crimes once inside.

    In Penal Code 459 PC, California burglary law draws a distinction between first-degree residential burglary, and second-degree commercial burglary. Burglarizing a home can land someone in California Prison for six years, whereas burglarizing a commercial establishment carries only a four-year maximum sentence. Moreover, residential burglary is a strike under California’s Three Strikes laws.

    Nevada burglary laws, as defined in NRS 205.060, also makes a distinction between burglarizing a residential or commercial structure. And it is also a felony. Depending on the type of burglary, penalties can be as much as 10 years in prison (or 15 if there was a deadly weapon).

    Las Vegas criminal defense attorney Michael Becker, who practices in both states, explains that “maximum sentences” for various crimes do tend to be longer in Nevada than California. Nevertheless, he says that judges retain a great deal of discretion to show leniency (or not) depending on all the facts of the particular case. (Also refer to our article, “Five things to know about California burglary charges.”)

    About the Author

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    Neil Shouse

    A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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      Burglary Blog Posts:

      What’s the difference between first- and second-degree burglary in California?
       What’s the difference between first- and second-degree burglary in California?

      California burglary law (under Penal Code 459) is divided into “first-degree burglary” and “second-degree burglary.” First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses). First-degree (or residential) burglary is always a felony. The potential consequences include a state prison sentence of: two ...

      Burglar looking into car
       Is It a Crime to Break Into an Unlocked Car in California?

      It is not considered “breaking and entering” under the burglary laws of California for a person to enter an unlocked car. However, if a person enters a car through an unlocked door without the owner’s consent, that person could be charged with tampering with a vehicle (10852 VC). California Vehicle Code section 10852 VC states ...

      Robbery vs Burglary – What’s the Difference?

      Robbery vs Burglary: What's the Difference?Watch this video on YouTube Robbery and burglary are related but different crimes. Robbery occurs when a person takes someone else’s property by force or fear. Burglary is entering a structure with the intent to steal or to commit another crime inside of the structure. Robbery, then, involves the actual ...

      A burglar breaking into a jewelry store.
       When does “Shoplifting” in California become a “Burglary”?

      Normally, shoplifting merchandise valued at $950 or less is treated as a simple misdemeanor under California Penal Code 459.5 PC. The crime is punishable by custody in county jail for up to six months. But police and prosecutors will often try to hit shoplifters with the more severe charge of burglary under Penal Code 459 ...

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