How Much Jail Time for Illegal Reentry: What to Know
In the State of Nevada, a property owner has the right to remove a squatter or evict a tenant and provide them with notice that they cannot legally return to the property. If the individual does return to the property after being properly notified not to do so, they can be charged with “illegal reentry.” If you have been accused of illegal reentry, you likely want to know how much jail time for illegal reentry.
Understanding the Criminal Offense of Illegal Reentry in Nevada
Unlawful reentry, commonly referred to as illegal reentry, is governed by Nevada Revised Statute 205.082 which states that you can be found guilty of illegal reentry if both of the following are true:
1. An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414 and
2. Without the authority of the court or permission of the owner, the person reenters the property.
How Might I End Up Being Charged with Illegal Reentry in Las Vegas?
The criminal offense of illegal reentry only occurs under very specific circumstances and is different from other similar crimes, such as trespassing and burglary. While all three crimes – illegal reentry, burglary, and trespassing — involve being on the property of another without permission, there are distinct elements that distinguish each crime from the others.
To be convicted of illegal reentry, the owner/occupier of the property must have “recovered possession” of the property from you prior to your reentry onto the property. For example, if you resided at an apartment under a valid lease agreement but were then evicted from the property and returned without permission of the owner, you could be charged with illegal reentry. Another common example of illegal reentry is when a property owner removes a squatter from the property, but the squatter then returns without permission. In both scenarios, the owner first “recovered possession” after which the person returned to the property.
Trespassing differs from illegal reentry in two possible ways. The first requires the prosecution to prove that you entered onto the property of another person with the intent to “vex or annoy the owner or occupant thereof or to commit any unlawful act.” The other way to be found guilty of trespassing is to enter someone else’s property after having been warned not to return to the property.
While burglary also involves entering onto the property of another person without permission, you must have also had the intent to commit a crime while on the property to be convicted of burglary. Illegal reentry, by contrast, does not involve any specific intent beyond entering the property after having been removed.
How Much Jail Time for Illegal Reentry in Nevada?
If you are facing criminal charges for illegal reentry in Las Vegas, you undoubtedly want to know how much jail time you could receive if you are convicted. In Nevada, illegal reentry is charged as a “gross” misdemeanor, meaning it is the most serious level of misdemeanor. If convicted, you could be sentenced to up to 364 days in jail. You may also be sentenced to serve a period of time on probation, pay restitution if you caused any damage to the property, and be ordered to pay a fine of up to $2,000 along with court costs.
What Should I Do If I Was Arrested and Charged with Illegal Reentry in Las Vegas?
If you were arrested and charged with unlawful reentry in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.