Burglary

How to Build a Defense for a Felony Residential Burglary Charge in Nevada

September 24, 2024 | Hofland & Tomsheck

How to Build a Defense for a Felony Residential Burglary Charge in Nevada

Being charged with felony residential burglary in Nevada is a serious matter that carries harsh penalties, including lengthy prison sentences and hefty fines. Nevada law defines burglary as entering a building with the intent to commit a felony or theft, making it one of the most severe property crimes in the state. When the crime involves a residential property, the stakes are even higher, as the charge is classified as a felony that can lead to significant long-term consequences.

If you or a loved one is facing felony residential burglary charges in Nevada, it is crucial to build a strong defense strategy to protect your rights, freedom, and future. At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board-Certified Criminal Trial Specialist, has extensive experience defending clients against serious charges like felony burglary. This blog post outlines how a defense for a residential burglary charge is built and how Josh Tomsheck can help you navigate this difficult legal process.

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

September 22, 2024 | Hofland & Tomsheck

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.

Wait a minute, I didn’t steal anything – – So why am I being charged with Burglary??

October 11, 2013 | Hofland & Tomsheck

One question that is often asked by individuals consulting with our office when recently arrested for a crime has to do with the crime of Burglary. Many people simply do not understand why they are booked on charges which include burglary. Many people think that if they haven’t broken into a home or business, they can’t, or shouldn’t, be charged with the serious crime of Burglary. This reaction is a natural one, given that when people hear the term “Burglar” they often get a mental image of the Hollywood cat burglar, clothed in all black, breaking into a business with a crowbar and sneaking out the back door with a shiny new television. In Nevada however, there are literally thousands of different factual circumstances which amount to Burglary.

In Nevada, Burglary laws are contained in Nevada Revised Statute (“NRS”) Chapter 205, which covers “Crimes Against Property” and are specifically defined in NRS 205.060. In contrast to the limited example of the cat burglar above, Nevada defines Burglary as occurring when someone enters any structure (such as a business, store, apartment, residence, home, house, room or a vehicle such as a car or truck) when the person entering has the intent to commit any of the following inside: larceny, assault, battery, obtaining money or property under false pretenses or any other felony. Such a crime has serious consequences — Burglary is a category “B” Felony carrying the potential of 1-10 years in prison and a fine up to and including $10,000.00.