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November 29, 2016

Is Burglary Considered a Violent Crime in Nevada?

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The state of Nevada considers burglary a violent crime, more so if convicted of a violent crime in the past. You could be looking at heavier penalties than usual burglary charges. The best thing you can do to protect your interests and the interests of your family? Seek legal counsel in either case.

Definition of Burglary in Nevada

Nevada burglary involves entering any dwelling including an outhouse, believe it or not. It makes no difference if the structure entered was a railcar, home, plane, boat, business or another dwelling. You may be charged with burglary, if there was intent carry out one or all of the following:

  • A felony
  • Gain property or money by deception or pretense
  • Commit battery or assault on any individual
  • Carry out grand larceny or larceny

Many individuals think that burglary only involves theft. As shown above, it can include any number of things besides. Someone going into a home with the intent to murder is guilty of burglary as well. 

Even if none of the four bulleted options above take place, a burglary sentence is still possible if it can be proven that there was burglarious intent. Of course, it can be harder to prove intent as compared to full-out burglary but it is still important to mention.

Types of Burglary

The typical penalty for burglary is a class B felony. If this is your first violent crime conviction, you can expect the following:

  • No less than one year of prison
  • No more than 10 years of prison
  • A fine as high as $10,000

If convicted of burglary in the past or forced entry into a dwelling, you cannot be given a suspended sentence or let go on probation. You now face the possibility of a longer prison term. If at any time during the burglary, you had possession of a firearm, expect a steeper sentence.

These are the same penalties to expect if explosives were involved in your burglary such as to aid in the opening a safe. Any of these instances will be considered a class B felony. You can expect the following:

  • No less than two years in prison
  • Up to 15 years in prison.
  • A fine of up to $10,000

In states like California, higher penalties apply if home invasion during a burglary took place compared to other dwellings. In Nevada, there is no such penalty.  If you committed other crimes besides burglary, you could receive punishment for each offense.

Any crimes that you have committed in the past may be taken into consideration when sentencing takes place.

In Summary

As demonstrated, a wide range of penalties exists under Nevada law for burglary. You could end up with a considerably lower sentence or none at all with the right representation. Intoxication at the time of entrance may help your case.

Are you concerned about possible burglary charges? If so, it is understandable. The potential legal consequences of such a crime in Nevada are meant to be intimidating to deter people. 

The best thing that you can do in this case is to seek out a criminal defense attorney in the Henderson, NV region.