Burglary in Nevada (NRS 205.060): Laws, Penalties and Defenses
Nevada’s burglary statute is broader than most people expect. You do not have to break anything, and you do not have to steal anything. Under NRS 205.060, the crime is complete the moment a person unlawfully enters – or unlawfully stays in – a home, business, vehicle or other structure while intending to commit a theft, assault, battery or felony inside.
Since 2020, Nevada separates burglary into four types with very different penalties: residential burglary, burglary of a business, burglary of a motor vehicle and burglary of a structure. Which one is charged can mean the difference between mandatory probation and a decade in prison.
Burglary in Nevada at a Glance
| Statute | NRS 205.060 |
| Residential burglary | Category B felony – 1 to 10 years |
| Burglary of a business | Category C felony – 1 to 5 years, up to $10,000 |
| Burglary of a motor vehicle | 1st offense: category E felony (probation required in most cases); 2nd or later: category D felony |
| With a firearm or deadly weapon | Category B felony – 2 to 15 years, up to $10,000 |
| Record sealing | Residential burglary: 10 years. Other burglary: 2 or 5 years depending on category |
What the State Must Prove Under NRS 205.060
To convict you of burglary, the State must prove beyond a reasonable doubt that you:
- Unlawfully entered or unlawfully remained in a dwelling, business structure, motor vehicle or other structure (or any part of one); and
- At the time of entry, intended to commit grand or petit larceny, assault or battery on any person, or any felony inside. For residential burglary, intent to obtain money or property by false pretenses also qualifies.
Two points of the 2019 rewrite are worth understanding. First, “unlawfully remains” covers someone who entered lawfully – a store during business hours, a friend’s house by invitation – but then went into an area they were not privileged to enter, or stayed after permission ended. Permission to be in a public part of a building does not extend to its private areas.
Second, intent must exist at the time of the unlawful entry or remaining. If a person forms the intent to steal only after they are already lawfully inside, the correct charge is usually larceny, not burglary. Under NRS 205.065, a jury may infer burglarious intent from an unlawful entry, but the defense can rebut that inference with evidence of an innocent purpose.
Penalties for Burglary in Nevada
The type of place entered and whether a weapon was involved determine the penalty.
| Circumstance | Classification | Possible sentence |
|---|---|---|
| Motor vehicle – 1st offense | Category E felony | 1 to 4 years, suspended; probation required in most cases; fine up to $5,000 |
| Motor vehicle – 2nd or later | Category D felony | 1 to 4 years; fine up to $5,000 |
| Structure (other than home, business or vehicle) | Category D felony | 1 to 4 years; fine up to $5,000 |
| Business | Category C felony | 1 to 5 years; fine up to $10,000 |
| Residential | Category B felony | 1 to 10 years |
| Any burglary with a firearm or deadly weapon | Category B felony | 2 to 15 years; fine up to $10,000 |
Probation is available for residential burglary only if there are mitigating circumstances and the person has no prior conviction for residential burglary or another crime involving unlawful entry into a dwelling. The weapon enhancement applies if the person had or obtained a firearm or deadly weapon at any time during the burglary – including a gun taken from the home during the offense.
Burglary is almost always charged alongside the underlying crime, such as grand larceny or battery, and the two sentences can be imposed separately. Retail theft cases are often charged as business burglary on the theory that the person entered the store already planning to steal.
Common Defenses to Burglary Charges
Every case turns on its own facts, but these are the issues we look at first when reviewing a charge like this one.
No intent at the time of entry
This is the defense in most burglary cases. Surveillance video, receipts, text messages and the person’s conduct before entering can show that they went in for a lawful reason and that any later wrongdoing was not planned. If intent formed afterward, burglary does not fit.
The entry was lawful
A person who had permission to be in a particular area, or who had a legal right to be in the property, has not unlawfully entered or remained. The Nevada Supreme Court has held that a person cannot burglarize their own home when they have an absolute right to enter it.
Wrong category charged
Whether a place is a “dwelling,” a “business structure” or a “structure” is defined in the statute. A garage, storage unit, or a vacant home may not meet the definition the State relies on, which can move the case into a lower category.
Identification
Many burglary cases rely on grainy video, a fingerprint or possession of property later. Fingerprints prove contact with an object, not when that contact happened, and possession of property is not proof of entry.
Suppression
Evidence obtained through an unlawful search, an unconstitutional detention or a suggestive identification procedure can be challenged by motion.
Record Sealing, Immigration and Other Consequences
Record sealing
Under NRS 179.245, residential burglary carries a 10-year wait after release from custody or discharge from probation or parole. Burglary of a business, structure or a second-offense vehicle burglary carries a 5-year wait, and a first-offense vehicle burglary (category E) carries a 2-year wait. Nevada law now presumes eligible records should be sealed (NRS 179.2445).
Immigration
Burglary can be treated as an aggravated felony or a crime involving moral turpitude under federal immigration law, depending on the type of structure and the sentence. Non-citizens should get immigration advice before accepting any plea.
Firearms and employment
Any felony conviction triggers the firearm prohibition in NRS 202.360 and shows up on background checks for housing, employment and professional licensing.
Related Nevada Offenses
- Home invasion (NRS 205.067) – forcible entry into an inhabited dwelling, with no intent requirement.
- Grand larceny (NRS 205.220) – theft of property worth $1,200 or more.
- Petit larceny (NRS 205.240) – theft under $1,200; often the reduction target in retail cases.
- Robbery (NRS 200.380) – taking property from a person by force or fear.
- Trespass (NRS 207.200) – a misdemeanor frequently negotiated in place of burglary.
How Burglary Cases Move Through Clark County Courts
Felony and gross misdemeanor cases in Clark County begin in a justice court (Las Vegas, Henderson, North Las Vegas or one of the outlying townships). The State must then show probable cause at a preliminary hearing, or obtain a grand jury indictment, before the case is bound over to the Eighth Judicial District Court for arraignment, motions and trial. The preliminary hearing is often the defense’s first chance to cross-examine the State’s witnesses under oath, and a large share of felony cases are reduced or resolved at the justice court stage, before bindover.
Frequently Asked Questions About Burglary in Nevada
Is shoplifting burglary in Nevada?
It can be. If the State believes the person entered the store intending to steal, it may charge burglary of a business (a category C felony) along with the theft. If the intent to take something formed inside the store, the case should be a larceny charge instead.
Does burglary require breaking in?
No. Walking through an open door, or being invited in, can still be burglary if the person entered or remained unlawfully with the required intent.
Is car burglary a felony in Nevada?
Yes. A first offense is a category E felony, which in most cases requires the judge to suspend the prison sentence and grant probation. A second or later offense is a category D felony.
Can burglary be reduced to a misdemeanor?
Often, depending on the facts. Common reductions include trespass, petit larceny or attempted burglary. The strength of the intent evidence usually drives the negotiation.
Talk to a Henderson Criminal Defense Lawyer About Your Burglary Case
Joshua U. AlDabbagh has been licensed in Nevada since 2010 and began his career defending people accused of crimes in Clark County. If you or a family member has been arrested or charged under NRS 205.060, the decisions made in the first days of the case matter: what is said to police, whether evidence is preserved, and how bail and release conditions are handled. Call Southern Nevada Law Firm, PLLC at 702-589-4771 or send a message online to schedule a consultation. Our office is at 2831 St. Rose Parkway, Suite 292, in Henderson, and we handle cases throughout Las Vegas, Henderson, North Las Vegas and the rest of Clark County. Learn more about our criminal defense practice.
Statutes Cited
- NRS 205.060 – Burglary: definitions and penalties
- NRS 205.065 – Inference of burglarious intent
- NRS 179.245 – Sealing records after conviction
- NRS 193.130 – Categories and punishment of felonies
This article is general information about Nevada law as of October 2026, not legal advice for any specific situation. Statutes and court decisions change, and the outcome of any case depends on its facts. Reading this page or contacting the firm does not create an attorney-client relationship. Attorney advertising.