Charged with Burglary in Las Vegas? Overview of the Law and Your Rights
Multiple individuals were arrested and charged with breaking in to motor vehicles owned by tourists visiting Las Vegas. Six individuals were reportedly charged with burglary, conspiracy to commit burglary and possession of stolen property in connection with at least three reported vehicle break-ins that occurred in the Chinatown area, a multicultural district along Spring Mountain Road that extends from Rainbow Boulevard to Valley View Boulevard, according to the Las Vegas Review-Journal.
Nearly 100 vehicle burglaries, many apparently involving rental vehicles, have been reported in the Chinatown area in 2019, which is known as a tourist destination.
What Exactly Constitutes Burglary?
In Nevada, burglary is defined as an individual who enters a vehicle or building with the intent to commit petit larceny, grand larceny, assault or battery on another individual, a felony offense, or to obtain money or property via false pretenses. This means you do not need to actually be successful at committing the burglary to be charged with this crime. There simply needs to be evidence that you had the intent to commit the crime.
"Breaking and Entering" is NOT a Requirement to Be Charged with Burglary in Nevada
Many people are surprised to learn that they can be charged with burglary even if there was no actual forced entry into a vehicle, home, or other property. The key is whether you had the intent to commit a felony or larceny inside a building or vehicle.
Penalties for a Burglary Conviction
Getting convicted of burglary can lead to serious penalties. In Nevada, burglary is category B felony and can result in you having to serve between 1 and 10 years in state prison, depending on whether or not you were in possession of a deadly weapon. If you were, in fact, in possession of a deadly weapon, the prison sentence escalates to between 2 and 15 years. You could also be ordered to pay a monetary fine of up to $10,000.
Getting a Burglary Charge Reduced or Dismissed
If you are charged with burglary, you may be asking yourself, "is it possible to get the charges reduced or outright dismissed?" The answer is – maybe. It depends on the specific facts of your case. For example, if your Las Vegas defense attorney can show that there is insufficient evidence to obtain a conviction from a jury, then a prosecutor may be agreeable to lowering the charge to a misdemeanor petty larceny or possibly a dismissal. Your criminal history and cooperation with police will also play a role in whether or not a plea deal can be reached.
Potential Defenses to Burglary Charges
If you cannot reach a plea deal and the case goes to trial, there are some potential defenses to consider raising:
- You lacked the intent to actually commit a crime prior to entering the building or vehicle; and/or
- You were falsely accused
Remember, a prosecutor must prove that you had the intent to commit burglary beyond a reasonable doubt in order to secure a conviction.
Contact an Experienced Las Vegas Burglary Defense Lawyer Today
The best way to assess your legal options is to schedule a meeting with an experienced and skilled Las Vegas burglary defense lawyer with the LV Criminal Defense, 400 S. 7th St #401, Las Vegas, NV 89101, 702-623-6362 . Our legal team will help you fight aggressively against the burglary charges and protect your rights. Give us a call today to schedule an in-person meeting.