Burglary
Legal Definition
A person commits burglary by unlawfully entering or remaining in any vehicle, watercraft, aircraft, dwelling, or other structure with the intent to commit any felony or theft therein. The offense does not require breaking or forced entry; unauthorized presence with criminal intent is sufficient. Burglary is complete upon the unlawful entry with the requisite intent, regardless of whether the intended crime is carried out.
Possible Punishment
Basic burglary (non-dwelling, unoccupied, unarmed): basic sentence 3 years imprisonment; fine up to $5,000; mandatory 1-year parole. Residential burglary, burglary of an occupied structure, or burglary while armed with a deadly weapon: basic sentence 9 years imprisonment; fine up to $12,500; mandatory 2-year parole. Additional sentence enhancements may apply for firearm use or habitual-offender status.
Local Context
New Mexico burglary law does not distinguish degrees by name but by the nature of the structure and circumstances. Entry into a dwelling or occupied building, or commission while armed, elevates the offense to a second degree felony. The statute covers vehicles and watercraft in addition to traditional structures. A separate statute, § 30-16-4 NMSA, addresses aggravated burglary (burglary while armed and assaulting or threatening occupants), which is a first degree felony.
Property-Crime Cases in Doña Ana County
Property charges in New Mexico scale with dollar value and circumstances. The same shoplifting conduct can be a petty misdemeanor or a felony depending on the value of what was taken, and burglary escalates sharply when the structure is a home or someone is inside. That is why our charge database lists several versions of larceny and burglary with different classifications.
Property cases also drive a large share of repeat bookings: failure to appear on an older larceny case frequently brings someone back into the detention center on a bench warrant alongside any new charge.
Related Guides
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Bench Warrants and Failure to Appear in New Mexico: How a Missed Court Date Becomes a Booking
What a bench warrant is, how it differs from an arrest warrant, why FTA bookings fill the Doña Ana County jail log, and how to clear a warrant before arrest.
Recent Arrests for This Charge (6)
Las Cruces Woman, 46, Booked on Felony Auto Theft and Burglary Charges
CRISTI POSTON | 12 charges
Las Cruces Man, 27, Charged with Burglary
NESTOR URRUTIA | 4 charges
Las Cruces Man, 32, Booked on 13 Felonies, Including Arson, Burglary
OCHAN PARRA | 13 charges
Las Cruces Man, 27, Convicted of Aggravated Battery Following Shooting
OSCAR VALENZUELA | 6 charges
Las Cruces Man, 41, Booked on Attempted Murder and Aggravated Battery Charges
JEFFREY CRUICKSHANK | 22 charges
Las Cruces Man, 51, Booked on Burglary and Breaking-and-Entering Charges
STEVEN RAYBURN | 7 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.