Burglary Lawyer in Las Vegas

Defending Clients Throughout Nevada

Nevada law defines burglary as the entry into any home, business, or other structure with the intent to commit another crime, including larceny, grand larceny, assault, battery, or another felony. If you’ve been arrested and are facing burglary charges, your choice in representation matters more than ever.

At Draskovich Horvath, our attorneys can offer the legal guidance you need to combat the charges you face. When your rights and liberties are hanging in the balance, you cannot afford to leave your future in the hands of a mediocre defense. As our client, you can trust we will put our proven team of investigators to work to determine the most effective strategy for your case.

When we represent you, we take the time to review the allegations, the police reports, and any surveillance or forensic evidence that may be involved in your case. We also look closely at how law enforcement conducted the investigation and whether your constitutional rights were respected at every stage. By examining these details, we can better identify weaknesses in the prosecution’s case and develop a strategy tailored to the specific facts of your situation in Las Vegas courts.

Get started on your case with a FREE consultation. Contact our Las Vegas burglary attorney by calling (702) 381-6590 or by filling out this online form.

Understanding Nevada Burglary Charges and the Court Process

Burglary charges in Nevada can arise from a wide range of situations, from allegations involving a private residence to claims that someone entered a casino, hotel room, or retail store intending to commit a crime. The specific facts of the case will affect where charges are filed, which judge is assigned, and what penalties the prosecutor may seek. Most felony burglary cases from the Las Vegas Valley are handled in the Eighth Judicial District Court in Clark County after beginning in local justice courts such as Las Vegas Justice Court or Henderson Justice Court.

Once an arrest is made or a warrant is issued, a case usually starts with an initial appearance where bail and release conditions are addressed. Future hearings may include a preliminary hearing to determine whether there is probable cause to proceed, followed by arraignment, motion practice, negotiations, and, in some situations, a trial. Throughout this process, we work to gather police reports, witness statements, and any available video or digital evidence so you understand what the state is relying on and what options you have at each stage.

Many people facing burglary accusations have never been through the criminal justice system before and are unsure about how quickly decisions must be made. Time limits for filing certain motions, challenging the way evidence was obtained, or requesting a bail reduction can come up early in the case. By getting us involved promptly, you give us more time to evaluate the allegations, request discovery, and advise you about whether it may be appropriate to pursue negotiations, seek a dismissal, or take other steps to protect your record and your freedom.

What Are the Penalties for Burglary in Nevada?

Unlike a number of other states’ laws pertaining to burglary, breaking is not an element of Nevada’s burglary law. A burglary suspect does not need to enter the structure by way of forced entry to be charged with burglary—an individual can even be invited inside, but if he or she enters with the intention to commit any of the crimes previously mentioned, a burglary has taken place.

If convicted, penalties for burglary can include:

• Up to 10 years in the Nevada State Prison
• If a deadly weapon was used, up to 15 years in the Nevada State Prison
• $10,000 in fines

Beyond prison and fines, a burglary conviction can leave you with a permanent felony record that affects housing, employment, and professional licensing opportunities. Judges in Clark County will also consider factors such as your prior record, whether anyone was present in the structure, and whether any injuries occurred when determining a sentence. Because the stakes are so high, it is crucial to speak with a burglary attorney in Las Vegas as early as possible so you understand what you are facing and what can be done to protect your future.

Is Burglary a Felony in Nevada?

In Nevada, burglary offenses are classified as a Category B felony. This level of felony is punishable by between one and 10 years in prison and a fine of up to $10,000. The offense can be aggravated if a deadly weapon was used during the crime.

Burglary charges are generally filed in the Eighth Judicial District Court in Clark County, which handles felony matters arising in the Las Vegas area. How a case is charged can depend on whether the structure was a home, business, or other building, and whether the alleged conduct involved additional crimes like robbery or assault. We help clients understand the specific Category B penalties that may apply in their situations and discuss options such as negotiations, motions, or going to trial based on the facts and evidence.

Common Defenses to Burglary Charges

Every burglary case turns on its own facts, but there are recurring legal issues that can be raised to challenge the government’s allegations. Prosecutors must prove not only that a person entered a structure but also that they did so with the specific intent to commit a crime inside. In many cases, that intent element is based on circumstantial evidence, and there may be room to argue that the person entered for a lawful reason or that the state cannot meet its burden of proof beyond a reasonable doubt.

Defenses may also focus on how evidence was obtained, including searches of homes, vehicles, or hotel rooms along the Las Vegas Strip or in nearby neighborhoods. If officers searched without a valid warrant or probable cause, or if they failed to follow proper procedures when taking a statement, it may be possible to ask the court to exclude certain evidence. By carefully reviewing police reports and any available video, we look for issues such as mistaken identity, unreliable eyewitness descriptions, or inconsistencies in the way the story has been reported.

In some situations, it may be appropriate to present information about a client’s background, lack of prior offenses, or cooperation with law enforcement during discussions with the prosecutor. While not a defense in the technical sense, this information can sometimes influence how a case is charged or resolved. We discuss with you whether it makes sense to pursue a negotiated outcome, challenge the charges at a preliminary hearing, or take the matter before a jury, and we give you clear guidance about the potential risks and benefits of each path.

Frequently Asked Questions

Will I Go to Jail for a First-Time Burglary Charge in Nevada?

A first-time burglary charge in Nevada is a serious felony, but whether someone actually goes to jail or prison depends on many factors. Judges consider the nature of the allegations, a person’s criminal history, whether anyone was injured, and any agreements that may have been reached with the prosecutor. Some individuals may be eligible for alternative resolutions or reduced charges, while others may face a term of incarceration.

Can a Nevada Burglary Conviction Ever Be Sealed from My Record?

Under Nevada law, certain felony convictions, including burglary, may be eligible for record sealing after a waiting period if all other requirements are met. The waiting period and rules can change over time and depend on the specific offense and a person’s overall record. Record sealing does not happen automatically, and a petition must be filed and approved by the appropriate court.

What Should I Do If I Learn There Is a Warrant for Burglary in Las Vegas?

If you find out there is a warrant related to a burglary allegation, it is generally better to address it proactively rather than waiting to be arrested. Warrants for felony charges in the Las Vegas area are often handled through the Eighth Judicial District Court or local justice courts. Reaching out to counsel early can help you understand the nature of the warrant, what to expect at a surrender or initial appearance, and whether bail may be requested.

Tell Us Your Side of the Story in Las Vegas

Draskovich Horvath is one of the most established law firms in the Las Vegas area—we've handled a wide range of cases, many of them high-profile criminal matters that gained national media attention. Our Las Vegas theft crime attorneys are highly prepared, equipped, and qualified to handle even the toughest of criminal cases. If you’re facing criminal charges, you should not hesitate to put 35 years of combined experience on your side.

When you come to us with a burglary case, we listen carefully to your version of events and the concerns you have about your job, your family, and your record. We then explain how the process typically unfolds in local courts, from the first appearance and bail arguments through negotiations and any potential trial. By keeping you informed and involved in every major decision, we work to make a difficult situation more manageable and to ensure that your defense reflects your goals and priorities.