Winchester Theft Defense
Burglary often gets interchanged with robbery and theft, but these three terms have different meanings. Burglary involves entry into any building without any permission from the owner with the intent to carry out any form of crime; it can be assault, violence, battery, etc. Robbery is the act of obtaining another person’s property using force, threat, or fear. Both crimes are generally considered a category B felony. Meanwhile, theft or larceny involves unlawful carrying away, taking away, stealing, and depriving someone of his property.
Larceny can be divided into two categories: petit and grand larceny. The classification of theft depends on the amount of money taken away from the owner. The accused is charged with petit larceny if he took $50 or less. He is charged with grand larceny if he took money or property valued over $650. This is also applicable if he carries away specifically guarded properties.
If you are charged with theft or burglary, seek help from an experienced and qualified Winchester criminal defense lawyer in dismissing your case.
Call Zentz & Zentz at (702) 602-9110 now to get your free consultation!
Elements of Theft
Theft has two legal elements to consider, so the defendant can be proven guilty in any Nevada court. 1) stealing another person’s property; 2) intent to deprive the victim of the possessions permanently.
The intent of the defendant in a theft case requires the exploitation of another person’s belongings and the removal of property from the victim. The element of intent should be present at all costs, for this will prove that the charges are valid and the crime took place. Legal challenges arise when the prosecutor is not able to prove the involvement of intent in the unlawful act. This can be used by the theft defense attorney to refute and cancel the charges being pinned on you.
Elements of Burglary
Nevada Revised Statutes 205.060 states that burglary in Nevada is the unauthorized entry into any structure or vehicle with the intent to perform any of the following crimes and offenses:
- Petit larceny or grand larceny;
- A felony;
- Assault or battery and
- Fraud to obtain money
In the same way, the intent to commit any of these crimes is enough to convict someone with burglary. The act of committing any of these crimes does not need to be proven in a Nevada court entirely.
Penalties of Burglary in Nevada
The penalties of burglary in Nevada depends on whether the suspect possessed a deadly weapon or not while carrying out the crime. Deadly weapons can include a gun, knife, etc.
Under category B felony, if a burglary conviction does not involve a deadly weapon, the penalty is 1-10 years of prison time and a fine of up to $10,000. On the other hand, if a burglary conviction does involve a deadly weapon, it would mean 2-15 years in prison and a fine of up to $10,000. Probation can be granted to a first-time offender, but for defendants with previous convictions of burglary, probation is prohibited.
If burglary is motivated by sexual assault, the defendant will have to go through lifetime supervision under NRS 176.0931.
Defenses to Theft or Burglary in Nevada
To counter a burglary accusation, you will need a strong defense plan. To give you a big hand in fighting against these charges, you should hire a theft defense attorney. The claim of actual innocence can be one of the defenses as the prosecutor works on proving you to be guilty of the act. As you go through the process of a court trial, you must understand the different defenses that you and your Winchester defense lawyer can use to reverse the charges against you.
Creating doubt in the minds of the jury will cancel any accusation posed on you. If you can prove your actual innocence in the court, you will remove the power of the prosecutor who aims to send you to jail.
Another burglary defense is showing your lack of intent to perform such a crime. As mentioned earlier, burglary requires intent to be considered a valid allegation. If you succeed in proving the absence of intent, you will most likely win the case.
The third defense is entrapment. The defendant should prove that someone made him commit the crime. If not told to do so with a threat, he would otherwise have not done it. Entrapment necessitates enough evidence to be proven right.
Reach Out to a Theft Defense Lawyer in Nevada
If you are charged with burglary in Winchester, NV, theft defense lawyers from Zentz & Zentz can help you! You need the best legal support to discard the offense you’re involved in. With Zentz & Zentz, you will find experienced and proactive defense attorneys who are dedicated to protecting your freedom and fighting for your right to get justice as soon as possible. They are prepared enough to handle every phase of your case with professionalism and commitment to their purpose. Our legal expertise and hard work will save you from having a miserable time in your life. We’re always at your service!
Call Zentz & Zentz at (702) 602-9110 now to book a free consultation!