Nevada Revised Statute § 205.060 makes it a felony to commit burglary, which is entering a building or vehicle with the intent to commit larceny, assault, battery, or any felony once inside.
Penalties by Type
- Burglary with a Deadly Weapon: Category B felony, punishable by 2 to 15 years in prison and up to $10,000 in fines.
- Residential Burglary: Category B felony, punishable by 1 to 10 years in prison and up to $10,000 in fines.
- Commercial Burglary: Category C felony, punishable by 1 to 5 years in prison and up to $10,000 in fines.
- Motor Vehicle Burglary: Category E felony for a first offense, which carries probation. Otherwise, a category D felony, punishable by 1 to 4 years in prison and up to $5,000 in fines.
- Other Structures: Category D felony, punishable 1 to 4 years in prison and up to $5,000 in fines.
Key Elements
- Entry: The defendant enters a residence, commercial building, automobile, or other structure.
- Criminal Intent: Before entering, the defendant must intend to commit a crime while inside. The intended crime must be either larceny, battery, assault, or any felony.
It is not necessary that the entry involve “breaking in.” It is also not necessary that the intended crime be committed.
Defenses
- Lack of Intent: The defendant did not form an intent to commit a qualifying crime prior to entry.
- False Accusations: Someone levied fake burglary allegations against the defendant.
- Police Misconduct: For example, law enforcement found evidence through an unlawful search.
In our experience, burglary cases often turn on facts that are not obvious from the police report. Many people are surprised to learn that Nevada burglary law focuses on what you intended when you entered a building or vehicle—not whether you actually stole anything or even forced your way inside.
We have defended clients who were charged based on assumptions about their intent rather than clear evidence. Because prosecutors must prove intent beyond a reasonable doubt, these cases frequently present opportunities to challenge the State’s evidence, negotiate reduced charges down to a misdemeanor like petty theft, or seek a dismissal when the facts do not support a burglary conviction.
In this article, our Las Vegas criminal defense lawyers will address the following key issues regarding burglary:
- 1. Elements of NRS 205.060
- 2. “Breaking and Entering”
- 3. Penalties
- 4. Possession of Burglary Tools
- 5. Defenses
- 6. Record Seals
- 7. Immigration Consequences
- 8. Related Crimes
- Frequently Asked Questions
- Additional Reading
1. Elements of NRS 205.060
For you to be convicted of burglary in Nevada, prosecutors have to prove beyond a reasonable doubt the following two elements:
- You entered a home, business, structure, vehicle, plane, or railcar, and
- Before entering, you had the intent to commit any of the following crimes once inside:
- Petty larceny: stealing money or items valued at less than $1,200;
- Grand larceny: stealing money or items valued at $1,200 or more;
- Battery: unlawful touching, such as a punch;
- Assault: putting someone in imminent fear of being unlawfully touched;
- A felony: a crime which carries a minimum of one year in prison; or
- Obtaining money or property by false pretenses: defrauding someone for money or goods (only in residential burglary cases).1
To convict you of burglary, prosecutors do not need to prove that you actually committed any of these offenses inside the structure or vehicle. Merely having the criminal intent to commit one of these offenses at the time of entry is enough.2
Example: Hector walks into his workplace at night intending to steal the $1,500 his boss keeps in the safe. Though once he goes inside, he feels guilty and decides not to steal anything. In this case, Hector can still be charged with burglary merely for intending to commit theft at the time he entered the building. The fact he had a change of heart does not let him off the hook.
If Hector did follow through with stealing the money, then the district attorney could charge him with two offenses: burglary and grand larceny.3
Note that you can be convicted of burglary whether or not someone was inside the structure or vehicle at the time of the offense.
The most hotly contested issue in burglary cases we see is intent. Prosecutors often assume that because someone entered a building or vehicle and something suspicious happened afterward, they must have intended to commit a crime before they went inside. However, intent cannot simply be guessed—it has to be proven beyond a reasonable doubt using the surrounding circumstances.
We have seen many cases where a seemingly straightforward burglary charge became much weaker after examining surveillance footage, text messages, witness statements, or the defendant’s actions before and after entering. Often, the strongest defense is showing that the alleged criminal intent never existed at the moment of entry.
2. “Breaking and Entering”
You may be charged with burglary in Nevada even if there was no forced entry.4 As long as you intended to commit a qualifying crime inside a building or vehicle, you violated NRS 205.060 even if you:
- entered through an open door or window,
- entered through an unlocked door or window, or
- were invited to come inside.
However, if you do “break and enter,” the judge and jury may infer that you had “burglarious intent.” The burden then shifts to us to present evidence to the court that you had no intent to commit a crime while inside.5
Many clients believe they cannot be charged with burglary because they never “broke in.” That is one of the biggest misconceptions we hear.
Under Nevada law, the key issue is not how you entered—it is why you entered. At the same time, just because prosecutors argue that a forced entry suggests criminal intent does not mean the case is over.
We have successfully challenged burglary allegations by showing there were innocent explanations for a damaged door or window, or that the evidence simply did not prove our client intended to commit a crime upon entry. These fact-intensive cases often turn on details that are overlooked during the initial police investigation.
3. Penalties
In Nevada, the most serious NRS 205.060 crime is burglary with a deadly weapon (such as a firearm, knife, pipe, brick, or broken glass). No matter the location, armed burglary is a category B felony carrying two to 15 years in Nevada State Prison and up to $10,000.6
Meanwhile, penalties for burglary without a deadly weapon vary by location.
For instance, residential burglary is a category B felony in Nevada, carrying one to 10 years in prison. The judge may grant probation and a suspended sentence if:
- there are mitigating circumstances, and
- you were not previously convicted of burglary or an offense involving unlawful entry or invasion of a dwelling.
Slightly less serious is burglary of a business (“commercial burglary”), which is a category C felony in Nevada. It carries a sentence of 1 to 5 years in prison and up to $10,000 in fines.
The sentence for burglary of any other structure is even less serious. It is a category D felony in Nevada, carrying one to four years in prison and up to $5,000.
Finally, burglary of a motor vehicle is only a category E felony for a first offense, which usually carries probation and a suspended sentence. Though a subsequent offense of car burglary is a category D felony, carrying one to four years in prison and up to $5,000.7
Note that sexually motivated burglary carries lifetime supervision under NRS 176.0931. Though it may be possible to get off lifetime supervision after 10 years.
We tell clients that the potential sentence is only one part of a burglary case. Just as important is how the offense is classified. Whether the alleged burglary involved a residence, business, vehicle, or deadly weapon can dramatically affect the penalties, plea negotiations, and the likelihood of probation.
We regularly work to challenge aggravating allegations and negotiate reductions to less serious offenses. Even when a conviction cannot be avoided, reducing the level of the charge can make an enormous difference in a client’s future, employment opportunities, and ability to move on after the case is over.
4. Possession of Burglary Tools
It is a separate crime in Nevada to possess certain tools if the circumstances suggest that you intended to use the tools for burglary.
Example: Acting on a tip, police get a warrant to search Josh’s home. There they find several picklocks and other instruments traditionally used to break locks. The police also find a list of residences with the dates and times that the occupants will be away. In this case, prosecutors would probably charge Josh for possession of burglary tools. This is because he had 1) tools used for breaking and entering, and 2) lists of unoccupied homes, indicating his intent to burglarize them.
In the above example, it is irrelevant that Josh was not caught trying to enter someone’s home. Merely possessing picklocks under suspicious circumstances is sufficient for a prosecutor to bring charges.
Possession of burglary tools under NRS 205.080 is a gross misdemeanor. The maximum sentence is 364 days in jail and/or $2,000 in fines.8
We find that possession of burglary tools cases are often much more defensible than they first appear. Many of the items listed in the statute—such as screwdrivers, pry bars, lock picks, or other tools—have perfectly lawful everyday uses.
What prosecutors must prove is not just that you possessed the tools, but that you intended to use them to commit a burglary. We have seen cases where innocent circumstances were misinterpreted as criminal intent, and a thorough investigation into why the tools were present made a significant difference in the outcome.
5. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with theft crimes such as burglary. In our experience, the following three defenses have proven very effective with Nevada prosecutors, judges, and juries at getting NRS 205.060 charges reduced or dismissed.
1) You Lacked Intent
No burglary occurred if you lacked intent to commit a qualifying crime inside the building, structure, or vehicle before entering it.9
Example: Jan and Sam live next door to each other in a neighborhood where no one locks their doors. One day Jan enters Sam’s vacant home to return a phone charger Jan borrowed. Once inside, Jan notices a Rolex on Sam’s bed table. Jan takes it and leaves Sam’s house with it.
In the above example, Jan did not commit a burglary offense because she formed the intent to steal the Rolex after she already entered the house, not before. Instead, Jan would face just grand larceny charges for taking the Rolex without Sam’s permission.
As long as there remains a reasonable doubt that you had burglarious intent, the NRS 205.060 charge should be dismissed.
Note that if you were intoxicated at the time of the alleged burglary, that could be a defense if you were too incapacitated to form intent.10
2) You Were Falsely Accused
Sometimes the police arrest the wrong person for burglary. Typical reasons for these mistaken arrests include that:
- you were falsely accused by someone else out of revenge or anger,
- you resemble the real perpetrator, and/or
- you have the same name as the real perpetrator.
Furthermore, many alleged burglary incidents occur by masked perpetrators in the dark of night. So it may be difficult to discern the suspect’s identity from eyewitnesses or surveillance video, which could lead to you being wrongly charged.
If we can show that the prosecutors’ evidence is too unreliable or inadequate to identify you as the burglar, then the criminal charge should be dismissed.
3) The Police Committed Misconduct
Occasionally police make mistakes that violate your rights. Examples of such police misconduct include:
- coercing a confession,
- conducting a search and seizure that violates the Fourth Amendment,
- planting evidence or fabricating evidence, and/or
- feeding leading questions to witnesses during a line-up.
If this happens, we can file a motion to suppress evidence, asking the judge to disregard all evidence the police obtained through wrongful means. If the court grants the motion, the D.A. may be left with a case too weak to continue.
At that point, the prosecutor may be more willing to dismiss the charge or offer a favorable plea bargain.
6. Record Sealing
The waiting period to seal Nevada criminal records for burglary depends on whether the alleged burglary occurred in a residence, as the following table shows.11
| Nevada Burglary Conviction | Record Seal Waiting Period |
| Burglary of a residence | 10 years after the case ends |
| Burglary of business or structure, or Burglary of a motor vehicle (subsequent offense) | 5 years after the case ends |
| Burglary of a motor vehicle (first offense) | 2 years after the case ends |
| Dismissal (no conviction) | Right away |
In our experience, record sealing is one of the first questions clients ask after a burglary case ends because a felony record can make it much harder to find a job, rent housing, or obtain professional licenses. That is one reason why we fight so hard to get these charges lessened to a misdemeanor or dismissed.
7. Immigration Consequences
Burglary is considered an aggravated felony, which is a deportable offense.12
Therefore, non-citizens facing charges under NRS 205.060 should consult with an experienced immigration and criminal defense attorney right away to seek a reduction of the charge to a non-deportable crime.
Non-citizens often underestimate the immigration consequences of a burglary charge. Even if the criminal sentence seems manageable, a conviction can trigger removal proceedings, prevent a person from returning to the United States, or make it impossible to become a lawful permanent resident or U.S. citizen.
That is why we look not only at defending the criminal case, but also at negotiating immigration-safe resolutions whenever possible. Addressing these issues early in the case can make a critical difference to a client’s future and their ability to remain with their family in the United States.
8. Related Theft Crimes
Home Invasion (NRS 205.067)
Home invasion is forcibly entering an inhabited dwelling in Nevada without permission of the owner or lawful occupant. It makes no difference whether a person is present at the time of the entry or if you end up stealing anything.
Home invasion is prosecuted as a category B felony and carries the same penalties as burglary.
Housebreaking (NRS 205.0813)
Housebreaking is the formal term in Nevada for “squatting,” which is entering a vacant dwelling for the purpose of unlawful residency. A first offense is a gross misdemeanor, carrying up to 364 days in jail and/or $2,000.
Robbery (NRS 200.380)
In Nevada, robbery is unlawfully taking property from another by force, violence, or threats of injury. A typical example is holding up a cashier at gunpoint.
Robbery is prosecuted as a category B felony carrying two to 15 years in prison. However, if you had a deadly weapon, the judge may as much as double the sentence.
Larceny from a Person (NRS 205.270)
Pick-pocketing is prosecuted in Nevada as larceny from a person. You use no threats or violence, and the victim usually does not realize they have been stolen from until later.
Larceny from a person is a category C felony, carrying one to five years in prison, up to $10,000, and restitution. The court may not grant probation if the victim had an infirmity.
Petty Larceny (NRS 205.240)
Petty larceny is intentionally stealing property valued at less than $1,200. Unlike burglary, petty larceny does not require proof that you entered a building or vehicle with criminal intent—it only requires proof that you unlawfully took someone else’s property.
Petty larceny is a misdemeanor in Nevada. A first offense carries up to 6 months in jail and/or up to $1,000 in fines, plus restitution. Penalties increase for repeat offenders.
Grand Larceny (NRS 205.220)
Grand larceny is intentionally stealing property valued at $1,200 or more. The severity of the punishment depends on the value of the property taken. For example:
- $1,200 to less than $5,000: Category D felony, carrying 1 to 4 years in prison and up to $5,000 in fines.
$5,000 to less than $25,000: Category C felony, carrying 1 to 5 years in prison and up to $10,000 in fines.
$25,000 to less than $100,000: Category B felony, carrying 1 to 10 years in prison and up to $10,000 in fines.
$100,000 or more: Category B felony, carrying 1 to 20 years in prison and up to $15,000 in fines.
Like petty larceny, grand larceny requires proof that property was actually stolen. By contrast, burglary under NRS 205.060 is complete once a person enters a structure or vehicle with the intent to commit larceny or another qualifying crime, even if nothing is ultimately taken.
Frequently Asked Questions
Can I be charged with burglary in Nevada if I never stole anything?
Yes. Under NRS 205.060, prosecutors do not have to prove that you actually committed theft or another crime inside the building or vehicle. They only have to prove that you entered with the intent to commit a qualifying crime at the time of entry.
This surprises our clients more than almost anything else about Nevada burglary law. Many people assume that if they changed their mind or left empty-handed, they cannot be convicted. In reality, the prosecution focuses heavily on proving intent, which is often the weakest part of its case. We regularly challenge whether the evidence actually shows criminal intent beyond a reasonable doubt.
Is shoplifting the same crime as burglary in Nevada?
No. Shoplifting is generally prosecuted as larceny. However, entering a store with the intent to steal merchandise may also constitute burglary because the crime is complete upon entry with criminal intent, even before any merchandise is taken.
In our experience, retail theft cases are frequently overcharged as burglary. Prosecutors may rely on surveillance footage or prior conduct to argue that a customer entered the store intending to steal. We closely examine the evidence because simply leaving a store without paying does not automatically prove that the intent existed before entering.
Can burglary charges be based on circumstantial evidence?
Yes. Prosecutors may use circumstantial evidence—such as surveillance video, witness testimony, possession of stolen property, or your conduct before and after entering—to prove criminal intent.
We find that burglary cases rarely involve direct evidence of what someone was thinking when they entered a building. Instead, prosecutors ask jurors to draw inferences from the surrounding circumstances. We argue that those inferences are far from the only reasonable explanation, creating substantial doubt about whether the State can meet its burden of proof.
What defenses are used against Nevada burglary charges?
Common defenses include showing that you lacked criminal intent when you entered, that you were mistakenly identified, that the entry never occurred, or that the police obtained evidence through an unlawful search or seizure.
We know from experience that there is no one-size-fits-all burglary defense. Every case depends on the evidence. We often review surveillance footage frame by frame, interview witnesses, analyze digital evidence, and challenge police procedures to identify weaknesses in the prosecution’s case. Many burglary charges become much less convincing after a thorough investigation.
Can burglary charges be reduced to a lesser offense?
Yes. Depending on the facts, burglary charges may sometimes be reduced through plea negotiations to offenses such as trespass, attempted burglary, or theft.
We tell clients that reducing the charge can be almost as valuable as obtaining a dismissal. A reduction may significantly decrease potential prison exposure, shorten the record-sealing waiting period, and lessen the long-term impact on employment and professional licensing. Negotiating from a position of strength often requires identifying factual or legal weaknesses early in the case.
Does entering your own property count as burglary?
Usually not. Burglary generally requires entering a structure or vehicle with the intent to commit a qualifying crime. Ownership, possessory rights, and the specific circumstances can all affect whether the statute applies.
Property ownership issues can make burglary cases much more complicated than they first appear. We have seen disputes involving former spouses, roommates, business partners, and family members where prosecutors alleged burglary even though the accused believed they had a right to enter. Those factual disputes can become an important part of the defense.
How do prosecutors prove you intended to commit a crime before entering?
Prosecutors typically rely on circumstantial evidence, such as statements, surveillance footage, possession of burglary tools, attempts to conceal identity, or actions immediately before and after entry.
In our experience, intent is almost never proven by a confession. Instead, prosecutors ask jurors to infer intent from behavior. We frequently challenge those assumptions by presenting alternative explanations that are equally—or more—consistent with the evidence. If the prosecution cannot prove intent beyond a reasonable doubt, a burglary conviction should not stand.
Does burglary require breaking into a building?
No. Nevada law does not require forced entry. A person may commit burglary by entering through an unlocked door, an open window, or even with permission if they intended to commit a qualifying crime when they entered.
Due to movies and TV shows, many people hear the word “burglary” and picture a smashed window or kicked-in door. Nevada law is much broader than that. We spend considerable time explaining to clients—and, when necessary, juries—that the legal issue is intent at the time of entry, not whether force was used to get inside.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- From the Thief in the Night to the Guest Who Stayed Too Long: The Evolution of Burglary in the Shadow of the Common Law – Indiana Law Review.
- Burglary – Crime & Justice article giving an overview of burglary laws.
- Reformation of Burglary – William & Mary Law Review article on how burglary laws have changed and can change.
- Reconceptualizing Burglary: An Analysis of the Use of Burglary as a Criminal Enhancement – Virginia Journal of Criminal Law.
- That’s Not a Burglary! Classic Crimes and Current Codes – Houston Law Review.
Legal References:
- Nevada Revised Statute 205.060 – Residential burglary, burglary of a business, burglary of a motor vehicle and burglary of a structure: Definitions; penalties; venue.
1. A person who, by day or night, unlawfully enters or unlawfully remains in any:
(a) Dwelling with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of residential burglary.
(b) Business structure with the intent to commit grand or petit larceny, assault or battery on any person or any felony is guilty of burglary of a business.
(c) Motor vehicle, or any part thereof, with the intent to commit grand or petit larceny, assault or battery on any person or any felony is guilty of burglary of a motor vehicle.
(d) Structure other than a dwelling, business structure or motor vehicle with the intent to commit grand or petit larceny, assault or battery on any person or any felony is guilty of burglary of a structure.
2. Except as otherwise provided in this section, a person convicted of:
(a) Burglary of a motor vehicle:
(1) For the first offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(2) For a second or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) Burglary of a structure is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(c) Burglary of a business is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(d) Residential burglary 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.
3. If mitigating circumstances exist, a person who is convicted of residential burglary may be released on probation and granted a suspension of sentence if the person has not previously been convicted of residential burglary or another crime involving the unlawful entry or invasion of a dwelling.
4. Whenever any burglary pursuant to this section 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 vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed.
5. A person convicted of any burglary pursuant to this section 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 dwelling, structure or motor vehicle or upon leaving the dwelling, structure or motor vehicle, 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.
6. As used in this section:
(a) “Business structure” means any structure or building, the primary purpose of which is to carry on any lawful effort for a business, including, without limitation, any business with an educational, industrial, benevolent, social or political purpose, regardless of whether the business is operated for profit.
(b) “Dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car, including, without limitation, any part thereof that is divided into a separately occupied unit:
(1) In which any person lives; or
(2) Which is customarily used by a person for overnight accommodations,
regardless of whether the person is inside at the time of the offense.
(c) “Motor vehicle” means any motorized craft or device designed for the transportation of a person or property across land or water or through the air which does not qualify as a dwelling or business structure pursuant to this section.
(d) “Unlawfully enters or unlawfully remains” means for a person to enter or remain in a dwelling, structure or motor vehicle or any part thereof, including, without limitation, under false pretenses, when the person is not licensed or privileged to do so. For purposes of this definition, a license or privilege to enter or remain in a part of a dwelling, structure or motor vehicle that is open to the public is not a license or privilege to enter or remain in a part of the dwelling, structure or motor vehicle that is not open to the public. - See Sheriff, Clark County v. Stevens (1981) 97 Nev. 316, 630 P.2d 256 (“If larceny or any felony is thereafter committed, the perpetrator has committed two crimes, and may be charged with burglary as well as larceny or the felony.”). See also State v. Alvarez (Nev. 2024) 561 P.3d 23.
- NRS 205.060.
- State v. Adams (1978) 94 Nev. 503, 581 P.2d 868 (“A common lawbreaking is not an essential element of the crime of burglary.”).
- NRS 205.065 – Inference of burglarious intent. (“Every person who unlawfully breaks and enters or unlawfully enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car may reasonably be inferred to have broken and entered or entered it with intent to commit grand or petit larceny, assault or battery on any person or a felony therein, unless the unlawful breaking and entering or unlawful entry is explained by evidence satisfactory to the jury to have been made without criminal intent.”)
- Funderburk v. State (2009) 125 Nev. 260, 212 P.3d 337 (“In defendant’s trial for burglary while in possession of a deadly weapon charges, the district court did not err by instructing the jury that a BB gun was a deadly weapon as it constituted a firearm under NRS 202.265(5)(b), a statute referenced in NRS 193.165(6)(c).”).
- NRS 205.060. See also State v. District Ct. (Brown) (2025) 141 Nev. Adv. Op. 27 (construing NRS 205.060(3)’s probation restrictions).
- NRS 205.080.
- State v. White (Nev. 2014) 330 P.3d 482 (“The basic policies underlying burglary statutes also support the conclusion that a person cannot burglarize his or her own home when he or she has an absolute right to enter the home. “).
- Tucker v. State (1976) 92 Nev. 486, 553 P.2d 951 (“Whether intoxication is so gross as to preclude a capacity to form a specific intent is normally a fact issue for the jury to resolve.”)
- NRS 179.245. NRS 179.255.
- INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G).
