Burglary Of A Dwelling House

Legal Definition

A person commits burglary of a dwelling house by unlawfully entering or remaining in the dwelling house of another with the intent to commit any felony or theft therein. A dwelling house is any structure, vehicle, or other place where any person lives or which is customarily used for overnight accommodation, whether or not a person is actually present. The offense is complete upon the unauthorized entry or remaining with the requisite criminal intent, regardless of whether the intended crime is carried out.

Possible Punishment

Basic sentence of 3 years imprisonment; fine up to $5,000. A mandatory period of parole follows release. New Mexico law provides for sentence enhancements if the burglary is committed while armed with a deadly weapon or if the defendant has prior felony convictions under the habitual-offender statute.

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.

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