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Experienced Home Invasion Defense Lawyer in Las Vegas, NV
In Nevada, home invasion is defined as forcibly entering an inhabited dwelling without the owner’s permission, such as by breaking a window. Unlike burglary, home invasion specifically requires the act of “breaking and entering.” According to Nevada law, forcible entry involves any physical act that causes damage. Navigating the complexities of a home invasion case can be challenging and self-representation is not advisable. It is crucial to have a trusted and experienced criminal defense law firm to guide you through the charges and determine the best course of action. Contact Spartacus Criminal Defense Lawyers today to speak with our skilled Las Vegas home invasion defense lawyer and learn more about how we can help.
Understanding The Legal Definition Of Home Invasion
The Nevada crime of home invasion comprises three key elements:
- You forcibly enter the premises;
- The premises are a dwelling;
- You lack permission from the homeowner or lawful occupant to enter.
It is important to note that the residents do not need to be present for an intrusion to be classified as a home invasion. Additionally, breaking into a business or abandoned property does not qualify as a home invasion, as these properties are not considered dwellings.
NRS 205.067 Invasion of the home: Definition; penalties; venue.
1. A person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home.
2. A person convicted of invasion of the home is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of invasion of the home and who has previously been convicted of burglary or invasion of the home must not be released on probation or granted a suspension of sentence.
3. Whenever an invasion of the home is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car traveled during the time the invasion was committed.
4. A person convicted of invasion of the home who has in his or her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
5. As used in this section:
(a) “Forcibly enters” means the entry of an inhabited dwelling involving any act of physical force resulting in damage to the structure.
(b) “Inhabited dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.
Home Invasion vs. Burglary
In Nevada, home invasion and burglary are distinct offenses. Unlike home invasion:
- Burglary can occur in any building or vehicle, regardless of whether it is a dwelling.
- A burglary conviction does not require proof of “breaking and entering.”
- You are not guilty of burglary unless you intend to commit a felony, larceny, assault, or battery, or obtain money by false pretenses when you entered the structure.
Home Invasion vs. Robbery
Home invasion is also fundamentally different from robbery. Unlike home invasion, robbery requires the presence of a victim and the theft of property through force or threats. Hence, if you break into an unoccupied home and steal a stereo, you may be guilty of home invasion but not robbery, as no one was present. (Additionally, you could be charged with larceny for stealing the stereo.)
Home Invasion vs. Trespassing
Home invasion and trespassing are separate offenses. Trespassing involves unlawfully being on someone else’s property after being asked to leave. Nevada’s trespassing laws are detailed in NRS Chapter 207.200.
Home Invasion vs. Vandalism
Vandalism generally refers to the deliberate destruction or damage of public or private property. While vandalism can include elements of home invasion or breaking and entering, it is a separate charge.
Penalties For Home Invasion Charges In Nevada
Home invasion is a grave offense, and Nevada’s NRS 205.067 reflects its severity. Classified as a category “B” felony, the crime carries a substantial penalty, including 1 to 10 years in the Nevada State Prison and fines up to $10,000. If the perpetrator was armed with a firearm or any deadly weapon during the invasion, the sentence escalates to 2 to 15 years in prison, along with the same financial penalty.
However, depending on the circumstances, the defendant may have the opportunity to negotiate a plea bargain, potentially reducing the charge to trespassing or even securing a full dismissal. If downgraded to trespassing, the penalties include up to 6 months in jail and fines of up to $1,000.
Penalties For Home Invasion With A Deadly WeaponPenalties
Penalties escalate when the crime is committed while the perpetrator is in possession of a firearm or other deadly weapon. The weapon could be one that the perpetrator had during the forced entry or one obtained during the home invasion. Despite still being classified as a category B felony, the prison time increases significantly. The penalties for this include:
- 2 to 15 years in prison
- Fines up to $10,000
Probation may be possible for first-time offenders, but if there’s a prior conviction for a home invasion or burglary, the judge is likely to deny probation.
Las Vegas Home Invasion Statistics
Las Vegas experiences approximately 18,402 property crimes annually, including:
- 10,646 burglaries
- 5,459 violent home break-ins
On average, there are 28.25 property crimes and 8.63 violent break-ins per 1,000 residents. The burglary rate ranges from 638.7 to 727.8 per 100,000 people.
The property crime rate in Las Vegas surpasses the national average by 29%, while the overall crime rate is 33% higher. One database assigns Las Vegas a crime index of 12, indicating that Las Vegas is less safe than 88% of other cities.
For the latest crime statistics, visit the Las Vegas Metropolitan Police Statistics site.
Frequently Asked Questions
What Are The Defenses To Home Invasion Charges in Nevada?
NRS 205.067 is a highly specific offense applicable under limited circumstances. Consequently, a home invasion charge can be effectively defended with particular arguments such as:
- Permission to Enter: If the owner or lawful occupant granted you access, a home invasion could not have occurred.
- Absence of Forcible Entry: Entering a dwelling without causing physical damage to the structure does not constitute a violation of NRS 205.067, even if you entered without authorization.
- Non-Dwelling Structure: If the location in question was an office building, storage unit, or dog shed, the charges under NRS 205.067 are not applicable.
Can Someone Be Charged With Burglary And Home Invasion?
Technically, yes. Home invasion necessitates forcible entry, while burglary does not. Conversely, burglary requires intent to commit a crime upon entry, which is not a criterion for home invasion. However, Nevada has a history of deeming these charges redundant, often resulting in one being dropped.
What Are The Laws Regarding Self-Defense During A Home Invasion In Nevada?
In Nevada, an individual may defend themselves or others if they have a legitimate reason to believe they are in imminent danger of serious bodily harm or death. This can include the use of deadly force against an intruder who has forcibly entered their home. For a death resulting from such force to be deemed a justifiable homicide by the state, it must be evident that the action was in response to a clear and immediate threat, not merely due to apprehension or unfounded fear.
Will I Go To Jail For Home Invasion?
In Nevada, home invasion is prosecuted as a category B felony, which entails:
- One to ten (1 – 10) years in prison, and
- up to $10,000 in fines (at the judge’s discretion)
However, if you were in possession of a gun or lethal weapon during the alleged home invasion, the sentence will be increased to:
- Two to fifteen (2 – 15) years in prison, and
- up to $10,000 in fines (at the judge’s discretion)
Be aware that a judge may not grant probation if you have a prior conviction for a home invasion or burglary. Additionally, sexually motivated home invasion entails lifetime supervision under NRS 176.0931, although it may be possible to be released from this supervision after 10 years.
What Is Forcible Entry?
The legal definition of forcible entry in Nevada is as follows:
- Forcible entry occurs when an individual breaks open doors, windows, or other parts of a house or enters real property through fraud, intimidation, stealth, violence, or any circumstances of terror. It also applies to someone who, after initially entering real property peaceably, subsequently uses force, threats, or menace to remove those in lawful possession of the property.
Contact Our Las Vegas Home Invasion Lawyer Now
The State of Nevada may sometimes charge both burglary and home invasion to ensure all bases are covered. It’s crucial to have a skilled Las Vegas home invasion defense lawyer examine the specifics of your case to devise the best defense strategy, especially when facing both of these serious charges.
Spartacus Criminal Defense Lawyers can help you navigate through the complex legal system and fight for your rights. Contact us today for a consultation to discuss your case. We have extensive experience in defending against home invasion charges and will work tirelessly to protect your freedom and future. Don’t wait, reach out to us now to get the knowledgeable and aggressive representation you need.