Home Invasion is legally described in Nevada Law as someone who “forcibly enters an inhabited dwelling without permission of the owner (or lawful occupant) whether or not a person is present at the time of the entry.”
The Nevada offense of home invasion applies only to “inhabited dwellings” and not to places of business or abandoned properties which may be charged as either trespassing or burglary.
Home invasion and burglary are separate crimes in Nevada with completely different definitions and penalties:
The Nevada crime of burglary is the entry into a home, business, structure, vehicle, plane or railcar with the intent to commit a felony, larceny, obtaining money by false pretenses, assault or battery. (NRS 205.060)
Unlike home invasion, burglary may occur in any building or vehicle whether it is inhabited or not. Furthermore, someone may be convicted of burglary even if there was not a forcible entry. Finally, you are not guilty of burglary unless you intended to commit a crime when you entered.
Home invasion is also very different from the Nevada crime of robbery. Robbery is the unlawful taking of personal property from the person of another (or in their presence) against their will and by force or fear of injury. (NRS 200.380)
Unlike home invasion, robbery requires that a victim be present and that something gets stolen. If someone breaks into a home while no one is there and steals a television, that person may be guilty of home invasion but not robbery because the house was vacant. In this example the defendant could be guilty of the crime of petty larceny for taking the television.
The majority of Home Invasion arrests in Reno happen when you enter what you consider your own house and your soon to be Ex-wife has you arrested for entering your own house.
HOW MUCH TIME CAN I GET FOR A HOME INVASION OFFENSE?
The crime of home invasion is a category B felony in Nevada. The sentence includes:
- 1 – 10 years in Nevada State Prison
- up to $10,000 in fines
If the defendant possessed a firearm or deadly weapon at any point during the alleged home invasion, the punishment is increased to:
- 2 – 15 years in prison
- up to $10,000 in fines
A judge may not grant probation to you convicted of home invasion in Nevada if it is a second offense or if you have previously been convicted of burglary.
EXPERIENCED HOME INVASION ATTORNEY
If you have been arrested for or charged with home invasion, seek the counsel of a Reno criminal defense attorney with experience fighting Nevada burglary home invasion cases. We have successfully defended hundreds of home invasion cases.
There are numerous defenses to home invasion including you had permission to enter and you did not forcibly enter. Lee knows all the defenses and can help you get the charges dismissed and can help you get the charges dismissed or reduced to a lesser offense trespassing.
If you have been arrested for home invasion or a burglary related crime, you deserve an experienced criminal defense attorney who will personally handle your case. Call Reno Nevada Law attorney Lee Hotchkin (775) 786-5791 – it’s what we do!