Nevada Possession of Burglary Tools Lawyers

Burglary is committed when a person breaks into and enters a structure to commit another crime inside of it. Breaking and entering into a structure is considered unauthorized when the perpetrator does not have permission from the owner to break into and/or enter the property.

Unlike robbery, a person does not have to have used force to be charged with the crime of burglary. Generally, the additional crime that the burglar is understood to intend is the crime of theft of property.

What Is Possession of Burglary Tools in Nevada?

Possession of burglary tools is a crime in Nevada that is committed when a person makes, mends, or simply possesses a tool used to commit the crime of burglary. The circumstances in which the perpetrator is caught would show the person’s intent to use the tool to commit burglary, i.e. an unauthorized breaking and entry into a building with the intent to commit an additional crime, e.g. theft, inside.

What Is Considered a Burglary Tool?

Burglary tools recognized by Nevada include:

• Nippers: Nippers are similar to pliers, pincers or forceps, all tools that are used for grasping, pinching or squeezing an item;
• False key: A false key is a picklock or similar tool used to pick locks and gain entry through locked doors without a key;
• Picklock: A picklock is a tool or set of tools for picking locks and gaining entry without a key;
• Bit: A bit is a single-point cutting tool;
• Other Implements: Any machine, tool, or engine created, adapted, or designed to be used in a commission of a crime, specifically the crime of burglary.

Why Am I Being Charged When I Only Possessed Some Tools?

According to the law, state prosecutors can presume that a person planned to burglarize property just because they have the tools used for that purpose in their possession. The crime is defined as to make mere possession of the tools enough to prove the intent of a person to use them.

Is Possessing Burglary Tools the Same as Criminal Possession of a Weapon?

Possession of a weapon is a crime if the person has the type of weapon possession of which is considered a crime or if the person possessing the weapon is prohibited by law from possessing a weapon. For example, in all states, a convicted felon is not allowed to possess a firearm. By possessing a firearm, the person is not seen as showing an intent to commit another crime. The simple possession of the firearm is illegal because of the person’s status as a convicted felon.

However, in the eyes of the law, a person generally possesses burglary tools because they intend to commit a burglary.

What Is the Punishment in Nevada for Possession of Burglary Tools?

This crime is a gross misdemeanor in Nevada. This means it is punishable by:

• Up to a year in a Nevada county jail;
• Payment of a fine of up to $2.000;
• County jail time and payment of a fine.

Are There Any Defenses to Possession of Burglary Tools?

It is important to remember that it does not matter if the defendant did not use the tools to commit a crime. The law is intended to punish people who clearly mean, or intend, to break the law by committing a burglary, but get caught before they can commit the crime.

The only exceptions are in the cases of mechanics, artificers, or tradesmen. But people who practice these trades must possess the tools open to public view at their established shop or place of business. Still, if a person is a mechanic, artificer or tradesman, they should be able to use this fact as a defense.

The facts of a case always determine which defenses might be effective in fighting any criminal charge. Three defenses that are often used in cases alleging possession of burglary tools are as follows:

• Not Burglary Tools. The police may have wrongly assumed that the items in question were burglary tools. Maybe they are used in some artistic activity, e.g. carving or tiling, or other legitimate purpose in some trade or craft. The D.A. must show the tools are typically used for breaking and entering. Or, if the defendant proves that there is some legitimate use for them, the charges should be dismissed;
• Police Misconduct: Having burglary tools may be illegal. But a police search or seizure made without probable cause to believe that a crime had been committed is unconstitutional. If police found the tools through an illegal search and seizure, the defense attorney may ask the court not to allow use of the tools as evidence. The defendant’s attorney would do this by making a motion to suppress. If the judge grants the motion to suppress, then the prosecution may find itself unable to prove the perpetrator’s guilt beyond a reasonable doubt;
• No Intent to Commit Burglary. A defendant may have had a perfectly innocent purpose in possessing the tools with which they were found. Maybe the tools have a legitimate use other than breaking into a building. Or, they may have been part of a larger tool kit. If the defense can show that the defendant had no criminal intent, the case should be dismissed.
  • Or, the circumstances in which the defendant was found with the tools may not show beyond a reasonable doubt that the defendant intended to use the tools for a burglary, and this may be a defense. In Nevada, these cases typically arise in the context of probation violations.

For example, Dan may be on probation in Las Vegas for battery domestic violence. His brother-in-law asks him to help him fix up his house near Lake Tahoe. Dan packs his tools and decides to ride his motorcycles to his brother-in-law’s house. On the way, he is stopped at a DUI checkpoint. A police officer sees the tools and assumes he is going to use them to commit burglary. Dan is then arrested and booked not only for possession of burglary tools but also for violating probation.

Dan would need to convince the D.A. that he had the tools because he was on his way to help his brother-in-law fix up his house and for no other purpose. If successful, the charge could be dismissed and his parole could be reinstated.

Still, defendants who are on probation want to be extra careful not to exhibit behavior that police might view as suspicious even though it is perfectly legitimate, as is Dan’s behavior in the example above. This is because winning in a hearing for a probation violation is more challenging than winning in a criminal trial of guilt or innocence.

The reason for this is the fact that in a probation violation hearing, the D.A. has a lower burden of proof than they have at trial. The D.A. does not need to prove a probation violation beyond a reasonable doubt. The burden of proof in a probation violation hearing is proof by a preponderance of the evidence. This standard means only that the alleged violation is more likely to be true than not to be true.

Should I Hire a Lawyer to Help Me with This Charge?

If you have been charged with possession of burglary tools in Nevada, you definitely want to consult an experienced Nevada criminal defense lawyer as soon as possible, ideally before you speak to police officers or detectives.

Talk to your lawyer first. Your lawyer can inform you of your rights, any defenses that might be available to you, and options for resolving your case. A lawyer can help you properly defend yourself against a burglary tools charge.