Home Invasion / Breaking and Entering Crimes
Las Vegas, Nevada
What is a Home Invasion?
Breaking and entering / home invasion is commonly defined as the illegal entry of an individual into a home, by day or night, by the use of force and without permission of the owner, resident or lawful occupant, whether or not a person is present at the time.
If you have been charged with home invasion in Las Vegas, North Las Vegas or Henderson, the consequences of conviction may be devastating.
It is imperative for you to speak with an experienced criminal defense attorney who will property and skillfully represent you throughout the criminal process.
Home invasion charges are considered very malicious and are therefore prosecuting quite aggressively.
Home Invasion: Penalties
Because home invasion is considered a high level felony, the consequences of being convicted of this crime almost always include imprisonment. 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.
NRS Chapter 205.067 covers the home invasion laws and penalties in Nevada.
|Category B Felony||Not less than 1 year and no more than 10 years in prison plus $10,000 fine.|
|Category B Felony (firearms involved)||Not less than 2 year and no more than 15 years in prison plus $10,000 fine.|
A good criminal defense attorney may be able to reduce a breaking and entry charge to a misdemeanor. If the crime is reduced to a misdemeanor, the potential consequences may consist of significant fines, including compensation to the victims for damages or losses, court ordered counseling, house arrest, community service, probation or parole.
Home Invasion Charges: Aggravated Factors
If related aggravating factors applied to your breaking and entry charge, the penalty will be increased. The aggravated factors in home invasion include:
- Using force and destroying somebody's home while entering the property
- Theft of valuable goods (jewelry, computer equipment, etc..)
- Injuring residents of the property
- Using a firearm
Home Invasion Charges: Defenses
Here is the list of defenses that could be used in a vandalism / home invasion case:
- Mistaken identity. The victim identified the wrong person.
- Alibi. You were in a place where many people saw you.
- Permission. The owner gave you permission to enter the property.
- Unlocked door. The owner of the home opened the door or the door was unlocked and the accused didn't have to use force to open the door.
- Police misconduct. Police didn't follow the protocol during the investigation and evidences against you are not admissible in court.
Home Invasion vs. Trespassing
Home invasion is different from trespassing. Trespassing is the crime of being on property of another person which you have been previously kicked off of. The NRS Chapter 207.200 covers the Nevada trespassing laws.
Home Invasion vs. Robbery
In simple words, the robbery is use force or the threat of force to steal another person’s property. The NRS Chapter 200.380 explains the Nevada robbery laws. Our article "Facing Robbery Charges in Las Vegas. Nevada" provides more insides to robbery charges.
Home Invasion vs. Vandalism
Vandalism in general can be defined as a "deliberate destruction of or damage to public or private property". It can include home invasion / breaking and entering, but as a rule vandalism is a different charge. Read our article "Vandalism Charges in Nevada." for more information.
Heshmati & Associates:
Las Vegas Criminal Defense Attorneys
If you or somebody you know have been charged with home invasion / breaking or entry in Las Vegas, North Las Vegas or Henderson, it is important to know what your legal rights are.
The sooner we begin looking into the specific facts of your case, the more time we have to build a solid legal defense on your behalf.
The more time that goes by in a criminal case without protection from a good Las Vegas attorney, the harder it may be to secure the best possible results.
Don't wait. We offer free criminal case consultations. Hablamos español.
Our number is 702-432-1000.