Comparing Nevada and California Burglary Laws

Posted on July 5, 2020

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

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.