You aren’t considering the details when you’ve been arrested for or charged with a crime. You are thinking about the big picture. What does conviction mean for me? What are the potential consequences? How do I protect myself and my reputation? However, details matter.
People are often confused by the criminal justice system because words that are typically interchangeable in conversation with someone apply to unique legal concepts in the justice system. The common misconception is that robbery and burglary refer to the same criminal offense. That isn’t the case.
At De Castroverde Criminal & Immigration, building a strong defense starts with knowledge. You can confront challenges head-on when you understand the charges against you and what you are up against. You and your lawyer can build a strategic case with the best chance of a favorable outcome. The criminal defense attorneys at De Castroverde Criminal & Immigration want to start helping you by highlighting the differences between burglary and robbery in Nevada.
What Is the Difference Between Robbery and Burglary?
Although burglary and robbery can be related, the Nevada criminal justice system defines them as separate and unique crimes. Robbery typically involves taking someone else’s property from them by fear or force. However, burglary involves entering a structure, vehicle, or building with the intent to take something or to commit another crime within the confines of the structure. Both can involve unlawfully taking property, but the differences between the crimes make all the difference when crafting a defense strategy to combat the charges. Robbery is seen as a crime against an individual, whereas burglary is often considered a crime against property.
Nevada law defines robbery as the unlawful taking of personal property from another through force, violence, or fear of injury. Like other crimes, there are different degrees of robbery. For example, armed robbery involves unlawfully taking personal property from another person while armed with a deadly weapon. Robbing another person while armed with a deadly weapon carries significantly harsher penalties than a simple robbery charge.
A burglary occurs when an individual unlawfully enters someone’s property, dwelling, or vehicle, intending to steal or commit another criminal offense. Individuals who commit burglary and possess explosive devices intending to open a safe or secure area may face tougher punishments than those accused of unlawfully entering a vacant dwelling.
Again, like most aspects of the criminal justice system, there are different “shades” to consider when discussing crimes like robbery and burglary. Discussing the unique circumstances of your case with a knowledgeable Las Vegas criminal defense attorney is the best way to understand what factors may play into your case.
Criminal Penalties for Robbery
In Nevada, robbery is a category B felony offense. Robbery without using tear gas or a deadly weapon can result in two to 15 years in prison.
Robbery involving tear gas or the use of deadly weapons also referred to as armed or aggravated robbery, carries an additional sentence of one to 15 years in prison. This additional sentence must run consecutively to the underlying sentence. Robbery is also a deportable offense.
Criminal Penalties for Burglary
Residential burglary in Nevada is also a category B felony offense and can be punishable by one to ten years in prison. Residential burglary with a deadly weapon increases the potential penalties for conviction to two to 15 years in prison.
Burglary with a deadly weapon always results in a category B felony. However, burglary charges can sometimes be reduced to a category C, D, or E felony, depending on the type of structure an individual allegedly burglarizes. For example, burglary of a motor vehicle can potentially be a category E felony, carrying significantly less severe penalties resulting in a fine and one to four years in prison.
In Nevada, possessing burglary tools is also a separate crime that can lead to up to 364 days in jail and fines up to $2,000. Burglary tools may include false keys, lock picks, and nippers.
Why You Need a Criminal Defense Attorney
In addition to stiff legal penalties and the loss of your freedom, a robbery or burglary conviction can lead to other potentially significant consequences. A criminal conviction on your record can jeopardize your chances of securing employment or educational opportunities. You may also find it difficult to locate suitable housing or secure financial assistance. Your personal and professional reputation can take a hit. You may find that friends, family, and colleagues treat you differently, and you could lose the trust and respect of the community. Although the prospect of prison time is frightening, a criminal conviction’s personal and financial fallout tends to shock most people charged with a crime.
Why do you need an experienced criminal defense attorney? You need one because there is a lot on the line. Unfortunately, many individuals mistakenly believe robbery and burglary charges are small potatoes. They aren’t. Serving prison time for a conviction is a real possibility that can change your entire life. You can’t afford to take chances with your freedom. Working with a knowledgeable Nevada criminal defense attorney means you have an advocate who can examine the facts of your unique case and craft a compelling defense strategy designed to offer the best chance at a favorable outcome for your situation.
The authorities are not on your side. The prosecutor is not on your side. Never talk to anyone without consulting an experienced, aggressive Las Vegas criminal defense lawyer.
Contact De Castroverde Criminal & Immigration for Help Immediately
Have you been charged with robbery or burglary? Stop. Before you talk to the police, talk to a skilled Las Vegas criminal defense attorney. At De Castroverde Criminal & Immigration, we offer dependable and affordable legal representation from start to finish of your case. We are also proud to be one of the first Spanish-speaking firms in Nevada.
We want to help defend your rights and get started mapping a criminal defense strategy. Contact our Las Vegas office today for a legal case evaluation.