Nevada legislates against the possession of burglary tools through NRS 205.080, a statute that may come as a surprise to some. Simply put, the law makes it illegal to possess any tools commonly associated with burglary, home invasion, larceny, or related crimes when there’s an apparent intention to use them unlawfully.
This law is broad in its definition, encompassing tools beyond the stereotypical lockpick. Anything from screwdrivers to crowbars, when intended for illegal use, can fall under this prohibition. The pivotal aspect here is the “intent to use.” Merely having these tools isn’t a crime per se; it’s the circumstances suggesting a plan to commit a burglary or related offense that bring legal penalties into play.
Could Carrying Certain Tools Get You Arrested in Nevada?
In Nevada, the term “burglary tool” isn’t limited to the conventional image of a crowbar or a picklock. It spans a variety of items that, while innocuous in daily life, are considered potential instruments of crime if “adapted, designed, or commonly used” for illegal purposes. This list includes contraptions such as:
- Specialized engines or machines,
- Any tools or devices,
- False keys or skeleton keys,
- Tools for lock-picking or bumping,
- Drill bits crafted for breaking into safes or structures,
- Pliers, cutters, or similar hand tools,
- And other implements that might aid in the commission of theft or unlawful entry.
Nevada courts often operate under the presumption that possession of such tools indicates an intent to use them in criminal endeavors. Consequently, if an individual is brought before the court, the burden of disproving this criminal intent falls squarely upon them.
There’s a glimmer of hope for professionals whose livelihoods depend on such tools—such as mechanics, locksmiths, and artisans. The law acknowledges the legitimate use of these tools when they’re displayed prominently at a bona fide place of business. However, this exception is tightly linked to the context of visible, professional use.
What Are the Potential Legal Consequences of Possessing Burglary Tools in Nevada?
Being caught with burglary tools in Nevada is considered a gross misdemeanor. This classification of crime comes with penalties that can drastically affect your life. Specifically, those found guilty face:
- Up to 364 days in jail,
- And/or fines reaching up to $2,000.
- These penalties reflect the state’s approach to stopping burglary attempts before they lead to loss or significant damage.
Why Are the Penalties Lower Than for Actual Theft?
The rationale behind the difference in severity between possessing burglary tools and committing felony theft is rooted in prevention. The law aims to deter individuals from progressing to actual theft or burglary by imposing penalties at the tool possession stage, effectively catching the issue before it escalates into more serious criminal activities.
Immigration Implications of Violating NRS 205.080 in Nevada
Non-Deportable but Risk Remains: Generally, violating NRS 205.080 (possession of burglary tools) is not a deportable offense. However, the dynamic and evolving nature of immigration law means there’s no absolute certainty.
Non-citizens facing any criminal charge, including one under NRS 205.080, are strongly encouraged to retain legal counsel. A skilled lawyer such as those from ATAC LAW can help with the complexities of immigration law and may successfully work to have the case dismissed or reduced to a charge that does not jeopardize your residency status.
Can You Fight Charges of Possessing Burglary Tools in Nevada?
Defending against charges related to NRS 205.080 involves carefully dissecting the circumstances around the allegations. Here are three frequently successful defenses employed by ATAC LAW in such cases:
- Lack of Criminal Intent: Proving the absence of intent to commit a crime is a potent defense. The possession of certain tools, without more, does not confirm nefarious intentions. They could be intended as gifts, or simply part of a broader set of equipment for legitimate purposes. Demonstrating to the court a plausible and lawful reason for having the tools can result in charges being dismissed.
- Unlawful Search and Seizure: The legality of the police search that uncovered the supposed burglary tools is another critical area of defense. Searches conducted without reasonable cause go against constitutional rights. A motion to suppress the evidence due to an unconstitutional search can, if granted, significantly weaken the prosecution’s case, possibly leading to a scenario where proving guilt beyond reasonable doubt becomes unachievable.
- Misidentification of Tools: Not all tools carried by a person are intended for illegal use. In instances where law enforcement may have mistakenly identified items as burglary tools—items that could very well have legitimate artistic or construction applications—it’s crucial to challenge the prosecution’s narrative. If it can’t be conclusively proven that the items are commonly used in burglaries or thefts, the argument for dismissal stands strong.
Misunderstanding Leads to Charges
Consider the case of Jordan, who was on probation in Reno for a minor offense when he decided to aid a friend with home repairs in Carson City. Equipped with his toolkit, he traveled towards his friend’s house but got stopped at a DUI checkpoint. The officers, spotting his tools, arrested him for allegedly intending to commit burglary, further complicating his situation with a probation violation accusation.
Jordan’s defense would pivot on clarifying his intentions, demonstrating the tools were meant for repair work, not criminal activity. This approach might not only lead to dismissing the current charges but also protect his probation status.
Is It Possible to Seal a Gross Misdemeanor Record in Nevada?
Yes, record sealing is feasible; however, patience is required. A two-year waiting period must pass after a gross misdemeanor conviction before you can petition the court to seal your record. This option becomes available provided that the charges aren’t dropped earlier.
If you or someone you know is facing allegations of possessing burglary tools in Nevada, it’s crucial to seek knowledgeable legal counsel promptly. The penalties can be severe, but with the right defense strategy, it is possible to mitigate the potential consequences.
Facing charges related to the possession of burglary tools can be daunting. At ATAC LAW, we are equipped to provide expert legal defense aimed at achieving the best possible outcome. Our experienced team understands the nuances of Nevada’s legal standards regarding these charges and is prepared to challenge the presumption of criminal intent.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.