The Nevada crime of home invasion under NRS 205.067 is forcibly entering an inhabited dwelling without permission of the owner or lawful occupant. In contrast, burglary under NRS 206.060 is entering any structure (whether a dwelling or not) with the intent to commit a felony, or assault or battery inside. Home invasions crimes are limited just to residences, and there needs to be a forcible entry, whereas any structure (including office buildings) can be burgled, and no breaking in is required for burglary. (For further discussion, see our article on robbery vs burglary).
Home invasion is a category B felony in Nevada. If the defendant did not possess a deadly weapon, the penalties include 1 – 10 years in Nevada State Prison and maybe up to $10,000 in fines. Otherwise, the punishment is 2 – 15 years in prison and maybe up to $10,000 in fines. Burglary with a deadly weapon also carries 2 – 15 years in prison and up to $10,000. Otherwise, the penalties depend on where the burglary took place.
However the main defenses to Nevada home invasion charges do not work for defending burglary charges. One defense to a home invasion is that the defendant had permission to enter; contrarily, a person can still commit a burglary if he/she had permission to enter the structure. The other main defense to a home invasion is that there was no forcible entry; contrarily, a person can still commit burglary without having to break in…going in through an open door or window can still lead to burglary charges. Read more on the Nevada crime of home invasion and our article, Can I go to jail for squatting in Nevada?
