Nevada has done away with the common law definition of burglary, including the time of day, breaking entry, and has expanded it to pretty much include any structure, even an outhouse. Burglary is defined as a person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petite larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses.
Penalties are harsh and include long prison terms and high fines. Penalties are:
- A category B felony and a minimum 1 year and a maximum term not more than 10 years, and possible fine not more than $10,000 and if one has a prior conviction of a burglary or forcible entry or invasion of a dwelling will not be eligible for probation or granted a suspension of sentence
- If the person who committed the burglary had possession or gains possession of any firearm or deadly weapon during the commission of the burglary, is a category B felony and a minimum term of 2 years and a maximum tern not more than 15 years and possible fine of not more than $10,000
- If one breaks and enters or unlawfully enters then it can be reasonably inferred that one had the intent to commit the burglary
- Furthermore, a person may be prosecuted for each crime separately during the commission of the burglary
As you can see, burglary is a serious offense. Possible defenses include: the lack of criminal intent to commit larceny or assault or battery or any felony; any defense to the underlying crime; and any pretrial motions. If you are a loved one is being charged with burglary charges in Las Vegas, contact the office of attorney Garrett T. Ogata for a consultation.