Las Vegas Criminal Defense Blog

This month three suspects have pleaded guilty to conspiracy to commit the Las Vegas crime of burglary stemming from an April "swarm burglary." They and twenty-three others allegedly entered a convenient store en masse and took various items such as alcohol and snack foods. The judge ordered the three to several months in jail.

The Las Vegas crime of burglary is defined as entering a building, vehicle or boat with the intention to commit assault, battery, larceny, or a felony inside. It's not necessary that the defendant "break and enter" in order for the D.A. to prosecute him/her for burglary. A common defense is that the defendant had no intention to commit a crime when he/she entered the building.

Penalties for committing the Las Vegas crime of burglary depend on whether the defendant had a deadly weapon with him/her at the time. If not, the prison sentence is one to ten years (as well as up to $10,000 in fines). If so, the range is increased to two to fifteen years.

To read more about this story go to: http://www.fox5vegas.com/story/15953207/sentences-handed-in-vegas-swarm-burglary

To learn about when a burglary charge becomes a felony in Nevada, watch our informational video:

A thirty-six year old Las Vegas man faces criminal prosecution stemming from a residential rental scam where he allegedly leased out various properties that he was unauthorized to rent. The unsuspecting renters lived on the premises for months before the homeowners learned that their property was being illegally let. The man was charged with theft, obtaining money under false pretenses, and the Nevada crime of burglary.

The Nevada crime of burglary is the entry into any residence, business, vehicle, plane or structure with the intent to commit either larceny, assault, battery, any felony, or obtaining money or property by false pretense. Note that it's not necessary for the defendant to have broken into the structure. Common defenses to this crime include lack of intent to commit a crime while inside, false accusations, or insufficient evidence to prove guilt.

Penalties for committing the Nevada crime of burglary include one to ten years in prison plus a fine of $10,000. The sentence may be as much as doubled if the defendant possessed a deadly weapon at the time. Repeat offenders are not eligible for probation.

For more on this story go to: http://www.lvrj.com/news/las-vegas-man-arrested-in-rental-scam-132370758.html

To learn about how burglary becomes a felony in Nevada, watch our informational video:

Last week six people were arrested by North Las Vegas police on suspicion of a burglary ring. The arrests follow a three-month investigation where the suspects are alleged to have stolen from unlocked cars. The items included GPS systems, cellphones and iPods.

The Nevada crime of burglary occurs when someone enters any building or vehicle with the intent to commit either larceny, assault or battery, a felony, or obtainment of money by false pretenses. Note that breaking and entering is not a required element of burglary. Typical defenses to this crime include false allegations, lack of intent to commit a crime, and incorrect identification of the alleged perpetrator.

The Nevada crime of burglary is a category B felony carrying one to ten years in prison and maybe a fine of $10,000. The prison range is extended from two to fifteen years if the defendant allegedly used a deadly weapon. Unlike California, Nevada law draws no distinction between residential burglary and commercial burglary.

For more on this story read: http://www.lvrj.com/news/six-arrested-in-north-las-vegas-burglary-ring-130891188.html

To learn about how to fight charges for the Nevada crime of burglary, watch our informational video

Despite a nationwide dip in violent crimes, there has been an increase in the Las Vegas crime of burglary. According to the 2010 Preliminary Annual Uniform Crime Report, 312 more burglaries occurred in 2010 than in the previous year. Nationally, however, property offenses showed a 2.8 percent decline.

The Las Vegas crime of burglary is defined as the entry into any residential or commercial structure, vehicle, plane or rail car while having the intent either to steal, commit battery or assault, or carry out a felony. Note that breaking and entering is not a requirement--burglary may be accomplished by walking through an unlocked door. Common defenses include lack of intent, mistaken identity and false allegations.

The Las Vegas crime of burglary is punished as a category B felony. The standard prison sentence is between one and ten years, plus a fine of up to $10,000. However if the defendant had a gun or other deadly weapon during the commission of the burglary, then the prison range is increased to two to fifteen years.

For more on this story go to: http://www.lasvegassun.com/news/2011/may/23/assaults-burglaries-rise-las-vegas-despite-dip-vio/

For more information on the Las Vegas crime of burglary, view our informational video:

Mid-February, a Reno judge ordered a seventeen-year-old boy and a sixteen-year-old boy to face criminal charges as adults in relation to burglary incidents on December 10th, 2009. They were booked on counts of kidnapping, robbery with a deadly weapon on an elderly woman, burglary, grand larceny of a car, possession of a stolen vehicle, false imprisonment, and with committing the Nevada crime of possession of stolen property.

According to reports, the boys allegedly invaded a seventy-three-year-old woman’s home at 4 a.m. and stole her car, which the police spotted one of them driving later that day. After the arrest, the police linked the boys to a burglary earlier in the night, where a TV was taken. Police also claim they used guns stolen from past burglaries and that one of the boys struck the elderly woman with a rifle.

The Nevada crime of possession of stolen property makes it unlawful for someone to knowingly possess property that they know or should have known is stolen. If the value of the property is less than $250, it may be charged as a misdemeanor and carries up to six months in jail and/or up to a $1000 fine. If the value of the property ranges from $250 up to $2,500, it may be charged as a category C felony and carries a one to five year prison sentence and maybe a $10,000 fine. And for property valuing $2,500 or more, it’s a category B felony carrying one to ten years in prison and a fine of up to $10,000. In addition, anyone convicted of the Nevada crime of possession of stolen property will be ordered to pay restitution.

Read more about this story here: http://www.rgj.com/article/20100212/NEWS18/100212031/1321/news

Recently, a forty-four year old man from Reno was sentenced to life as a habitual criminal for his ninth felony conviction, this time for breaking Nevada burglary law at the Caughlin fitness and tennis club. He has already been to jail on six different occasions. He will have to serve at least ten years before the parole board can consider releasing him. District Attorney Kristin Erickson argued that the defendant is only ever crime-free when he's incarcerated.

Nevada burglary law makes it a crime to enter any home, business or structure with the intent to commit a felony inside, including assault, battery or grand larceny. A jury may convict someone for burglary even if the suspect didn't succeed in committing the felony--all that matters is that he/she had the intent to. Furthermore, a suspect needn't have "broken into" the building to be convicted of burglary.

The penalties for breaking Nevada burglary law in Nevada, a category B felony, include one to ten years in prison and a fine of up to $10,000. The sentence is increased to two to fifteen years if a deadly weapon is used in furtherance of the burglary. Repeat offenders are ineligible for probation, and non-citizens may be deported for it.

Last week a Reno resident was arrested for allegedly breaking Nevada burglary law. The resident reportedly pulled a gun on a homeowner in attempt to gain access to the house. The homeowner managed to call 911, and a suspect was arrested shortly thereafter.

Nevada burglary law makes it a crime to enter any building or car with the intent to commit larceny, battery, assault, or any other felony once inside. Burglary does not require breaking and entering—one can still be convicted of burglary if he/she gained entrance through an open door or is even invited inside. However, a forced entry does allow the jury to infer that the suspect had burglarious intent.

Continue reading "Reno Resident Arrested for Burglary" »

On Thursday morning, an elderly man fended off several home invaders who kicked in the front door of his house near the intersection of Rancho and Vegas. After the intruders allegedly attacked the homeowner, he grabbed his gun and shot at them. One died and the rest fled the scene.

NRS 205.067 makes it a crime to forcibly enter an inhabited dwelling without permission of the owner or occupant. It makes no difference whether or not there is someone in the house at the time of the alleged invasion.

Anyone convicted of NRS 205.067 faced a category B felony, carrying one to ten years in state prison and maybe a $10,000 fine. If the suspect has previously been convicted of NRS 205.067 or burglary, they may not be granted a suspended sentence or released on probation. And if the suspect had in his/her possession a deadly weapon at the time, the sentence range is increased from two to fifteen years.

Two weeks ago the Nye County Sheriff’s Office unearthed a possible forgery ring in Pahrump, resulting in sixteen arrests. More than a dozen other people are wanted for questioning.

The alleged mastermind of the ring, Lamont Harris, has been charged with 170 criminal counts. Thirty-four are for breaking forgery law in Las Vegas. Other charges include obtaining money under false pretense, burglary, and conspiracy to commit a crime. He’s in custody on $850,000 bail.

Harris allegedly broke forgery law in Las Vegas by defrauding payday loan companies. He supposedly forged social security disability income award letters and instructed other participants in the ring to get loans against the letters.

Forgery Law in Las Vegas prohibits faking or altering a document, signature, etc., for the illegal benefit of the person making the forgery. Most forgery laws in Nevada are punishable as a category D felony, carrying one to four years in prison and maybe a $5,000 fine, plus restitution.

Eric Alpert, a former real estate agent, was arrested by North Las Vegas Police for renting homes he didn’t own. He was charged with committing theft, obtaining money under false pretenses, forgery, as well as Las Vegas burglary law. After posting bond on $190,000 bail, he was released on Friday.

Alpert allegedly found abandoned or foreclosed properties, cleaned them, changed the locks, and rented them to people who had no knowledge of the false ownership. In all, he misused about twenty homes in Las Vegas. Records show that he filed actions to quiet title on properties, and if the owner never contested, he received the title.

Las Vegas Burglary Law (NRS 205.060) is the entry into any building or car with the intent to commit a theft crime, assault, battery, or any felony. You don’t have to forcibly enter the building or car to break Las Vegas Burglary law—you can enter through an unlocked or open door or window. However, “breaking and entering” allows the jury to infer that you had “burglarious intent.” (NRS 205.065).

Jermaine Charles Hoffman, the infamous “coffee shop burglar” who allegedly committed several robberies of various Carson City stores, has been sentenced to up to fifty years in prison. In July, he pleaded guilty to burglary in Nevada, grand larceny of a firearm, attempted robbery with a deadly weapon and battery with a deadly weapon. The latter charges refer to an incident where he fired two rounds at a coffee shop owner before escaping the restaurant empty-handed.

Hoffman was originally arrested in February at a traffic stop. There, officers discovered a duffel bag holding masks, bolt cutters, gun silencers and several stolen handguns. A subsequent search of his home uncovered other stolen weapons. Some of the Carson City establishments Hoffman allegedly stole from include True Value Hardware Store, Fritsch Elementary School, Carson Jewelry, Kragen Auto Store, and a vitamin shop.

Burglary in Nevada is a category B felony, carrying one to ten years in prison and a $10,000 fine. If a weapon is involved, the sentence is increased to two to fifteen years. Hoffman is eligible for parole after ten years.

Las Vegas recently landed the number 4 spot on the Forbes list of most dangerous cities. Some of the factors contributing to this ranking are the burst of the housing bubble, which led to rising foreclosures and unemployment. These, in turn, draw criminals who “squat” in foreclosed homes or who burgle the houses bare.

In calculating the “most dangerous cities” list, Forbes used the FBI’s 2008 uniform crime report and cited rising foreclosures as one of the reasons for the high crime statistics. Forbes calls Las Vegas “even emptier than Detroit.”

Burglary in Nevada includes the entry into any home with the intent to commit larceny, assault, battery, any felony, or to obtain money or property by false pretenses. Burglary in Nevada is a Category B felony, carrying one to ten years in state prison and a $10,000 fine.

Source report: http://www.forbes.com/2009/04/23/most-dangerous-cities-lifestyle-real-estate-dangerous-american-cities.html

This week, Nevada’s highest court determined that toy pistols may not be considered “deadly weapons” for the purpose of enhanced sentencing. In a unanimous opinion, Chief Justice James Hardesty explained, “no rational trier of fact could have found beyond a reasonable doubt that the toy pellet gun used in this case was a deadly weapon” since toy guns are incapable of firing a metal projectile like real guns.

This ruling overturns part of Durand E. Berry’s convictions for robbery with the use of a deadly weapon and burglary while in possession of a deadly weapon in Las Vegas. In 2006, Berry allegedly held up a Las Vegas payday loan store by holding a toy pistol to an employee’s neck and telling her that she wouldn’t get hurt as long as she cooperated.

Although Berry’s enhanced sentencing convictions for robbery with the use of a deadly weapon and burglary while in possession of a deadly weapon in Las Vegas were overturned, the Nevada Supreme Court did find that Berry’s behavior regarding the loan store worker met the elements for open and gross lewdness.