Help! I Was Arrested for Home Invasion in Nevada – What Are the Consequences?

Help! I Was Arrested for Home Invasion in Nevada – What Are the Consequences?

Getting arrested for home invasion in Nevada can be an incredibly scary and stressful situation. As a felony charge, home invasion carries severe penalties like prison time and hefty fines. But there are defenses available and ways to get charges reduced or even dismissed. This article will break down the home invasion law in Nevada, the penalties you could face, possible defenses, and what steps to take if you find yourself in this unfortunate circumstance.

What Constitutes Home Invasion in Nevada?

Under Nevada law, home invasion is defined as forcibly entering an inhabited dwelling without the permission of the owner or lawful occupant [Nevada Revised Statutes 205.067]. Let’s break down what this means:

  • Forcibly entering – This means using physical force to enter the dwelling, such as breaking a window or kicking down a door. Just walking through an unlocked door would not qualify.
  • Inhabited dwelling – This includes any residence where people live like houses, apartments, mobile homes, etc. It does not matter if the residents are home at the time or not.
  • Without permission – You must enter without consent of the owner or lawful occupant.

Home invasion is different from burglary in Nevada because burglary does not require forceful entry. Home invasion is also distinct from robbery because robbery requires taking property directly from another person, while home invasion focuses on unlawful entry itself.

What Are the Penalties for Home Invasion in Nevada?

A conviction for home invasion in Nevada carries severe penalties. It is prosecuted as a category B felony, which can be punished by:

  • 1 – 10 years in Nevada State Prison
  • Up to $10,000 in fines

If a deadly weapon was involved at any point during the crime, the potential prison sentence increases to 2 – 15 years [Criminal Defense Lawyers Shouse].

Probation is also restricted for home invasion charges. Judges cannot grant probation if the defendant was previously convicted of home invasion or burglary [Justia].

Are There Any Defenses I Can Use?

While home invasion is a serious charge, there are some defenses that a skilled criminal defense lawyer may be able to use to fight the accusations, including:

  • You had permission to enter – If the owner or lawful occupant consented for you to enter, it would not qualify as home invasion.
  • No forceful entry occurred – As mentioned earlier, home invasion requires forcibly entering through damage, breakage, etc. If you simply walked through an unlocked door, this key element is missing.
  • It was not a dwelling – The location entered has to be an inhabited dwelling, not a business or abandoned property.
  • Misidentification – Eyewitness mistakes do happen. If the alleged victim incorrectly identified you, that could invalidate the charges.
  • Alibi – If you have an alibi placing you elsewhere at the time, it could prove your innocence.

A skilled lawyer will look at the specific details of your case to figure out what defenses could work for your particular situation.

What Should I Do if I’m Arrested for Home Invasion?

If you believe you are being investigated for home invasion or find yourself arrested on these charges, here are some important steps to take:

  1. Remain silent – Do not say anything to police without a lawyer present. What you say can be used against you.
  2. Hire a lawyer immediately – An experienced criminal defense attorney can start working on your defense right away and protect your rights.
  3. Follow your lawyer’s advice – Listen to your attorney’s guidance about what to say, what not to say, and recommended legal strategies.
  4. Don’t violate bail terms – If you are released on bail, be sure to follow all conditions set by the court.

A knowledgeable lawyer will handle communications with police and prosecutors, seek to get charges reduced or dismissed if possible, and make sure you understand what is happening every step of the way.

What Are Some Other Consequences of a Home Invasion Conviction?

Beyond potential prison time and fines, a home invasion conviction can impact your life in other ways:

  • Having a felony on your record can make it harder to find a job, rent an apartment, or apply for loans.
  • You may lose certain civil rights like voting, serving on a jury, or possessing a firearm.
  • If you are not a U.S. citizen, you could potentially face deportation.
  • You may be sued by the victims in civil court.

These severe collateral consequences demonstrate why skilled legal help is so important if facing home invasion allegations. An attorney may be able to get charges reduced to a misdemeanor or possibly dismissed, avoiding some of these consequences.

Take Home Invasion Charges Seriously and Get an Attorney

Being arrested for home invasion in Nevada is extremely serious. But know that options are available to protect your rights and future. Don’t go it alone. Consult with an experienced criminal defense lawyer as soon as possible if you are facing home invasion charges. An attorney can devise the best defense strategy for your specific circumstances. Take advantage of your constitutional rights and do not say anything to authorities without legal representation present. With an attorney’s help, you can move forward and work to achieve the most favorable outcome given the complexities of your case.