Burglary Defense Attorney in Las Vegas & Nevada

Burglary doesn’t always involve breaking and entering or stealing physical items. In fact, you can be charged with burglary even if:

• You entered a vehicle, store, home, or commercial building

• You never took anything

• There was no physical damage or forced entry

• You didn’t commit the intended crime—only the intent matters

Examples:

• Walking into a business after hours intending to steal

• Entering someone’s home uninvited to confront them

• Going into a garage or storage unit without permission to look around

In Las Vegas, burglary charges are aggressively pursued by law enforcement and prosecutors. And without a strong defense, you could face years in prison.

A burglary conviction in Nevada carries severe penalties, with the punishment depending on the circumstances surrounding the crime. The Nevada Revised Statutes (NRS) classifies burglary as a category B felony, which carries a mandatory minimum sentence of one year in prison. The maximum sentence for a burglary conviction can be as high as 10 years, along with fines of up to $10,000.

Aggravating factors can lead to even harsher penalties. For example, if a weapon was used or even possessed during the burglary, the mandatory minimum sentence increases to two years in prison, with a potential maximum sentence of 15 years. In cases involving residential properties or the presence of people inside the burglarized structure, the courts often impose stricter sentences to deter future criminal activities. If people were present in a residential home, this may constitute home invasion.

Facing burglary charges in Las Vegas can be a scary experience, but with the help of our experienced attorneys, you can build a strong defense to protect your rights and secure the best possible outcome. Our lawyers are well-versed in Nevada's burglary laws and can devise an effective legal strategy tailored to your specific case. Some potential defenses against burglary charges include:

Lack of Intent:

Proving that you did not intend to commit a crime upon entering the property can undermine the prosecution's case. Our lawyers can help gather evidence and present a compelling argument to demonstrate your innocence. Sometimes, a person may enter a structure without the intent of committing a felony within. For example, a person may want to find shield from the cold or extremely hot weather we experience in Las Vegas. Someone may wander into a home that they believe is occupied by a friend, but they are mistaken.

Mistake of Fact:

A common defense against burglary charges is that the defendant believed they had the right to enter the property. For example, a usual patron of a business may enter a building, believe that they are doing so during normal business hours. Another person may believe they were invited into someone’s home, but a neighbor does not recognize them and calls the police. Our attorneys can work to prove that your actions were based on a reasonable mistake of fact.

Duress or Necessity:

If you were forced to commit burglary under duress or out of necessity, our lawyers can present this argument to potentially mitigate or dismiss the charges. Our attorneys have defended people who were forced, by threat of violence, to do something they did not want to do.

Challenging the Evidence: Our experienced attorneys can scrutinize the evidence against you, including the reliability of witness statements and the legality of search and seizure procedures, to weaken the prosecution's case. This may require our attorneys to file motions to suppress the evidence to make prosecution more difficult.