Nevada Home Invasion Laws
In the State of Nevada, home invasion is a crime that occurs when a person uses a forcible entry, like breaking a window, to gain access to an inhabited dwelling without the permission of the owner. Unlike the Nevada crime of burglary, home invasion requires that the defendant “breaks and enters” the dwelling. The law in Nevada defines forcible entry as an entry which involves any physical act causing damage. Dealing with a home invasion case can be very confusing to understand the laws, and dealing with it by yourself is not ideal. It is essential that you have a trusted and experienced legal team to help you understand the charges and what the next best step is moving forward.
What Are the Penalties?
Home invasion is a serious crime and the Nevada law, NRS 205.067, does not take it lightly. It is prosecuted as a category “B,” the second most severe offense in Nevada. With it being a category “B” felony, the sentence includes 1-10 years in the Nevada State Prison and up to $10,000 in fines. If the defendant possessed a firearm or any deadly weapon at a certain point during the invasion, the punishment is 2-15 years in the Nevada State Prison and up to $10,000 in fines. Depending on the seriousness of the case, the defender may be able to plea bargain the charge and get it lowered to a trespassing or even a full dismissal. If the defendant gets the case down to trespassing, they will receive up to 6 months in jail and up to $1,000 in fines.
What Are the Defenses?
There are defenses to the Nevada home invasion law, such as:
- The defendant received permission to enter the dwelling
- The defendant did not forcibly enter the dwelling
- The structure was not a dwelling
The case may be thrown out if there is not enough evidence to validate the prosecution.
Home Invasion vs. Burglary and Robbery
In many other states, burglary contains “breaking and entering” into the specific structure. However, in Nevada, the element of “breaking and entering” is a separate crime, called home invasion. The home invasion crime in Nevada is very different from other crimes, such as burglary or robbery, and many people tend to think they fall under the same category. The Nevada Crime of burglary is the entry into any building, whether it is a dwelling or not, with the intent to commit either a felony, assault, or larceny inside. You can still be charged with burglary even if it wasn’t necessarily a forcible entry. Additionally, you would not be guilty of a burglary unless you were inside the structure and intended to commit either a felony, assault, or larceny.
The Nevada crime of robbery is the unlawful taking of personal property from another person against their will, and by force or fear of injury. The Nevada crime of robbery requires that the victim is present in the situation and that the defendant stole something from the victim. If a defendant broke into a home of the victim and stole a TV while they were not present, they would be guilty of home invasion but not robbery because no one was present at the time of the incident, but could be charged with larceny for stealing the TV.
If you or a loved one has been charged with a home invasion, or had their home invaded, it is important that you have an attorney by your side. At The Defenders, our qualified attorney team understands the Nevada Law system and makes your safety a top priority. It can be very stressful and intimidating having to navigate a case like this alone, and we are here to guide and be with you the whole way. We are here as a resource for you with any questions or concerns you may have.