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.

Understanding Nevada’s Residential Burglary Law

In Nevada, burglary is defined under NRS 205.060 as unlawfully entering any building with the intent to commit a felony, larceny, assault, or battery, or any other crime therein. Importantly, a person does not have to actually commit a crime inside the property to be charged with burglary. The mere intent to commit a crime upon entering the residence is enough to warrant a burglary charge.

Residential burglary, which involves unlawfully entering a home or dwelling, is considered more severe than burglary of a commercial building. A first offense of residential burglary is typically charged as a Category B Felony, which carries a potential prison sentence of 1 to 10 years and fines up to $10,000. In cases involving firearms or other aggravating factors, the penalties may be even more severe.

Building a Defense for Felony Residential Burglary in Nevada

Facing felony residential burglary charges can be overwhelming, but with the right legal strategy, it is possible to build a strong defense. The defense process involves thoroughly analyzing the facts of the case, challenging the prosecution’s evidence, and exploring every possible legal avenue to secure a favorable outcome. Below are several key elements that are often considered when building a defense for a felony residential burglary charge in Nevada.

1. Lack of Intent to Commit a Crime

One of the central elements of a burglary charge in Nevada is intent. Under NRS 205.060, the prosecution must prove that you entered the residence with the intent to commit a crime, such as theft, assault, or another felony. If the prosecution cannot prove beyond a reasonable doubt that you had criminal intent at the time of entry, the charges may be reduced or dismissed.

For example, if you entered the property mistakenly or without any plan to commit a crime, Josh Tomsheck can argue that there was no intent to commit burglary. It’s important to note that intent is often inferred from the circumstances surrounding the case, but with a skilled defense attorney like Josh, that inference can be effectively challenged.

2. Consent to Enter the Property

Another viable defense to residential burglary is that you had permission or consent to enter the property. If you were invited or allowed onto the premises by the property owner or occupant, this negates the element of unlawful entry, which is required for a burglary charge.

Josh Tomsheck will investigate whether there is any evidence indicating that you had consent to enter the residence, such as text messages, emails, or witness testimony. If consent can be proven, the burglary charge may be significantly weakened.

3. Mistaken Identity or False Accusations

In some burglary cases, the accused may not have even been present at the scene of the crime. Mistaken identity or false accusations can arise in cases where there is limited or unreliable evidence connecting the defendant to the crime. For example, a witness might mistakenly identify the wrong person as the suspect, or a neighbor might assume the defendant was committing a burglary without understanding the full context.

Josh Tomsheck will examine the reliability of the evidence used to identify you as the perpetrator. He will scrutinize witness statements, security camera footage, and any forensic evidence to expose inconsistencies or inaccuracies. In cases where there is no direct evidence linking you to the crime, Josh may argue that the charges are based on circumstantial or unreliable testimony.

4. Alibi Defense

If you were not at the scene of the crime when the burglary occurred, presenting an alibi defense can be a powerful tool to disprove the charges. An alibi is evidence that shows you were in a different location at the time the crime took place, making it impossible for you to have committed the burglary.

Josh Tomsheck will work to gather supporting evidence for your alibi, such as phone records, receipts, witness statements, or video footage that verifies your location. A strong alibi defense can lead to a complete dismissal of the charges if the prosecution cannot prove that you were present at the crime scene.

5. Lack of Sufficient Evidence

In any criminal case, the prosecution has the burden of proving every element of the charge beyond a reasonable doubt. If there is insufficient evidence to support the allegations of burglary, Josh Tomsheck can file a motion to dismiss the charges or suppress certain evidence.

This approach might involve challenging the admissibility of key pieces of evidence, such as unlawfully obtained confessions, improperly conducted searches, or questionable forensic evidence. Without enough credible evidence to support the charge, the prosecution’s case may fall apart.

6. Challenging Law Enforcement Procedures

Another critical aspect of building a defense is reviewing whether law enforcement officers followed proper procedures during the investigation, arrest, and questioning. Violations of your constitutional rights can result in the suppression of evidence or even the dismissal of the charges.

Josh Tomsheck will analyze whether any of your rights were violated, such as:

Unlawful search and seizure: If law enforcement conducted a search of your person or property without a warrant or probable cause, the evidence obtained during that search could be excluded from the case.
Improper interrogation tactics: If police obtained a confession or statements from you without reading your Miranda rights or if you were coerced into making a statement, those statements may be inadmissible in court.

By holding law enforcement accountable for procedural errors, Josh Tomsheck can challenge the legitimacy of the prosecution’s case and seek to have evidence suppressed or charges reduced.

The Role of Attorney Josh Tomsheck in Your Defense

When facing a serious charge like felony residential burglary, having an experienced and dedicated defense attorney is crucial to securing the best possible outcome. Josh Tomsheck of Hofland & Tomsheck brings extensive experience in defending clients against a wide range of felony charges in Nevada, including burglary. As a former Chief Deputy District Attorney, Josh understands how the prosecution builds its case, and he uses this knowledge to develop strategic defenses for his clients.

Here’s how Josh Tomsheck can help you:

Personalized Defense Strategy: Every case is unique, and Josh takes the time to understand the specific circumstances surrounding your arrest. He will work with you to build a defense strategy tailored to the facts of your case.
Negotiation Skills: Josh has a proven track record of negotiating favorable plea deals for his clients. In some cases, he may be able to secure a reduction in charges or alternative sentencing options that avoid prison time.
Trial Expertise: If your case goes to trial, Josh Tomsheck is a seasoned litigator who will vigorously defend your rights in court. His courtroom experience and deep understanding of Nevada’s criminal justice system make him a formidable advocate.

Facing a felony residential burglary charge in Nevada can be daunting, but with the right legal representation, you can challenge the charges and protect your future. Josh Tomsheck at Hofland & Tomsheck has the expertise, experience, and dedication to build a strong defense and fight for the best possible outcome in your case. Whether it involves challenging the prosecution’s evidence, asserting a lack of intent, or negotiating a plea deal, Josh is committed to protecting your rights every step of the way.

If you are facing felony burglary charges, contact Josh Tomsheck today at (702) 895-6760 to schedule a consultation and begin building your defense.