The Difference Between Residential Burglary and Home Invasion in Nevada: Understanding Nevada Law After 2020

In Nevada, both burglary and home invasion are serious criminal offenses that carry significant legal consequences. While these crimes both involve entering a building or dwelling unlawfully, the distinctions between them under Nevada law are important to understand. After the 2020 changes to Nevada law, the definitions and penalties for burglary and home invasion have been clarified, and understanding these distinctions can be critical when facing charges for either offense.

This blog will explore the key differences between burglary and home invasion under Nevada law post-2020, discussing the legal definitions, elements of each crime, penalties, and how a skilled defense attorney like Josh Tomsheck at Hofland & Tomsheck can help protect your rights if you are facing charges for either offense.

What Is Burglary Under Nevada Law?

Burglary, as defined under NRS 205.060, occurs when a person unlawfully enters a building, vehicle, or structure with the intent to commit a felony or theft inside. The critical element of burglary is the intent to commit a crime upon entering the property. You do not have to actually complete the crime to be charged with burglary; the prosecution only needs to prove that you entered the premises with the intent to commit a felony, theft, or other criminal act.

For example, if a person enters a home planning to steal valuables but is caught before taking anything, they can still be charged with burglary because the intent to commit theft was present.

Changes to Burglary Law After 2020

As of the 2020 changes to Nevada law, the statute clarifies that a person can be charged with burglary even if they enter the building through an unlocked door or window. Prior to these changes, some defendants argued that entering through an unlocked entry did not constitute burglary. The updated law makes it clear that any unauthorized entry with criminal intent qualifies as burglary, whether or not force was used to enter.

Additionally, NRS 205.060 applies to a wide range of structures, including:

Residential homes
Commercial buildings
Vehicles
Sheds or storage units

Burglary is typically charged as a Category B Felony in Nevada, with penalties varying depending on whether a deadly weapon was involved or if the property was occupied at the time of the burglary.

First-time burglary without a deadly weapon: 1 to 10 years in prison and up to $10,000 in fines.

Burglary with a deadly weapon: 2 to 15 years in prison.
Burglary of an occupied residence: Increased penalties due to the potential for harm to the occupants.

What Is Home Invasion Under Nevada Law?

Home invasion, on the other hand, is a distinct crime under NRS 205.067. It involves the forcible entry into an inhabited dwelling, without the owner’s consent. Unlike burglary, the key element of home invasion is forcible entry into the home, rather than the intent to commit a felony or theft once inside. This means that home invasion focuses on the manner in which the entry occurred, rather than what the individual intended to do after entering the residence.

For example, if someone kicks in the front door of a home to gain entry but has no intention to steal anything or commit another crime, they could still be charged with home invasion due to the use of force to enter the property.

Changes to Home Invasion Law After 2020

The 2020 revisions to Nevada’s home invasion statute clarified that forcible entry means entering the dwelling by breaking or damaging any part of the structure, such as a door, window, or lock. Simply entering without permission (but without force) is not enough to be charged with home invasion; the entry must involve some level of force or damage to the property.

Home invasion is also a Category B Felony in Nevada, with penalties that can include:

1 to 10 years in prison for a first offense.
Up to $10,000 in fines.
Enhanced penalties if a deadly weapon was used or if the crime involved substantial damage to the property.

Additionally, if the home was occupied at the time of the invasion, the penalties can be more severe, as there is an increased risk of violence or harm to the occupants.

Key Differences Between Burglary and Home Invasion in Nevada

While burglary and home invasion are both serious crimes, there are important distinctions between the two offenses under Nevada law:

Intent vs. Force: The primary difference between burglary and home invasion is the focus on intent versus force. Burglary requires the intent to commit a crime (such as theft or assault) upon entering the premises, while home invasion focuses on the act of forcible entry, regardless of intent to commit a crime once inside.
Entry: In a burglary, the entry does not need to involve force; simply entering a property unlawfully with criminal intent is enough. For home invasion, the entry must involve the use of force, such as breaking a door or window to gain access.
Type of Property: Burglary can occur at any type of building, vehicle, or structure, while home invasion specifically involves entry into an inhabited dwelling, such as a home or apartment.
Penalties: Both burglary and home invasion are charged as felonies in Nevada, but the circumstances of each crime (such as whether force was used, whether the property was occupied, or whether a weapon was involved) can result in different sentencing outcomes. In some cases, home invasion may carry slightly harsher penalties due to the inherent risk of harm to the occupants of the home.

Defending Against Burglary or Home Invasion Charges in Nevada

If you are facing charges for burglary or home invasion in Nevada, it is critical to build a strong defense. Josh Tomsheck, an experienced criminal defense attorney at Hofland & Tomsheck, has a deep understanding of Nevada’s burglary and home invasion laws and can develop a strategic defense to protect your rights and minimize the impact of these charges.

1. Challenging the Element of Intent (Burglary Cases)

For burglary charges, the prosecution must prove that you intended to commit a crime upon entering the property. If there is no clear evidence of intent, Josh Tomsheck can argue that you did not have the requisite criminal intent when entering the building. This defense may result in reduced charges or a dismissal of the case.

2. Disputing the Use of Force (Home Invasion Cases)

In home invasion cases, the focus is on whether there was forcible entry. If there is evidence that you entered the home without force, Josh can challenge the home invasion charge and seek to have the case dismissed or reduced to a lesser offense.

3. Alibi Defense

If you were not present at the time of the alleged burglary or home invasion, Josh Tomsheck can build an alibi defense to prove that you were elsewhere when the crime occurred. This may involve gathering witness testimony, reviewing surveillance footage, or obtaining phone records to support your claim.

4. Challenging the Legality of the Search or Arrest

In some cases, law enforcement may have violated your constitutional rights during the investigation, search, or arrest. If evidence was obtained unlawfully, Josh can file motions to suppress that evidence, which may weaken the prosecution’s case.

Conclusion: How Josh Tomsheck Can Help You

Facing charges for burglary or home invasion in Nevada is a serious matter that can have lasting consequences on your life. With the right defense strategy, however, you can fight these charges and protect your future. Josh Tomsheck at Hofland & Tomsheck has the experience and knowledge necessary to build a strong defense tailored to your unique situation. Whether it’s challenging the evidence, disputing intent, or negotiating for a reduced charge, Josh is committed to fighting for the best possible outcome in your case.

If you or a loved one is facing burglary or home invasion charges, contact Josh Tomsheck today at (702) 895-6760 to schedule a consultation and get the legal help you need.