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What is the difference between home invasion and burglary in Nevada?

Posted by Neil Shouse | Mar 02, 2015 | 0 Comments

The Nevada crime of home invasion under NRS 205.067 is forcibly entering an inhabited dwelling without permission of the owner or lawful occupant. In contrast, burglary under NRS 206.060 is entering any structure (whether a dwelling or not) with the intent to commit a felony, or assault or battery inside.  Home invasions crimes are limited just to residences, and there needs to be a forcible entry, whereas any structure (including office buildings) can be burgled, and no breaking in is required for burglary.

Img home invasion
Home invasion is a separate crime from burglary in Nevada.

Home invasion is a category B felony in Nevada. If the defendant did not possess a deadly weapon, the penalties include 1 - 10 years in Nevada State Prison and maybe up to $10,000 in fines. Otherwise, the punishment is 2 - 15 years in prison and maybe up to $10,000 in fines. Although they are separate crimes, burglary is also a category B felony and carries the same penalties.

However the main defenses to Nevada home invasion charges do not work for defending burglary charges. One defense to a home invasion is that the defendant had permission to enter; contrarily, a person can still commit a burglary if he/she had permission to enter the structure. The other main defense to a home invasion is that there was no forcible entry; contrarily, a person can still commit burglary without having to break in...going in through an open door or window can still lead to burglary charges. Read more on the Nevada crime of home invasion and our article, Can I go to jail for squatting in Nevada?

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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, Court TV, 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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