Las Vegas Home Invasion Attorney

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Home invasion is similar to the Nevada crime of burglary. However, burglary in Nevada requires a specific intent at the time you commit the crime, while home invasion does not. Additionally, home invasion requires force, while Burglary does not. Visit our page on burglary, to find out how more about the penalties and how Ferris Law can help defend you.

Nevada's Definition of Home Invasion

The Nevada Revised Statutes define home invasion as forcibly entering an inhabited dwelling without permission of the owner or occupant. NRS 205.067. Home invasion carries a sentencing range of 1 to 10 years, and is a category B felony. It is probationable, unless you have been previously convicted of burglary or home invasion. The court can also fine you up to $10,000.

"Forcibly” Explained

Home invasion requires a certain amount of force. The law defines “forcibly” as entry involving an act of physical force resulting in damage to the structure. This means breaking a window, kicking in a door, etc. Simply knocking on someone else’s door, and then pushing your way in when they open the door is not a home invasion as there was no force used which damaged the structure.

“Inhabited Dwelling” Explained

An inhabited dwelling is defined as 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 lawful occupant resides.

While it seems upon first reading of the statute that a possible defense would be if the owner or occupant only resided in the home part-time, such as a vacation home, the Nevada Supreme Court has decided that even if the home is a part-time residence, the law still protects it against forcible, unlawful entry.

Possible Defenses for Home Invasion

The entry into the structure must be forcible. If there was no force, it is not a home invasion. The statute plainly states that forcible means physical force resulting in damage. Thus, if you merely pushed open a door, this would not be forcible. Likewise, if you slid open a window and crawled through, this would not qualify as home invasion. Be aware, however, that depending on what your intent was, you might be guilty of burglary.

If you are the occupant of the structure, that is a defense to the charge. The law states that the entry must be unlawful, and therefore even if you forcibly enter into a structure, if you reside there, it is not home invasion. For example, if you have too much to drink one night, forget your keys and break your window to get inside, this is not a home invasion because you are an occupant. Additionally, if your roommate gets mad at you and locks you out of your apartment and you kick the door in, that is not a home invasion so long as you were residing in the apartment legally.

Contact our Las Vegas Home Invasion Attorney

Sometimes the State will charge both burglary and home invasion to cover all of their bases. You need a skilled attorney to look at the facts of your case to come up with your best defense, especially if the State is charging you with both of these serious offenses.