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.