Aggravated Residential Burglary

Legal Definition

A person commits aggravated burglary when they unlawfully enter a dwelling or occupied structure with intent to commit a felony or theft therein, and while inside or fleeing the scene, they are armed with a deadly weapon or inflict or attempt to inflict great bodily harm on anyone. The aggravating factor is the presence of a weapon or the infliction or attempt to inflict serious injury during the burglary.

Possible Punishment

Basic sentence of 9 years imprisonment; fine up to $12,500. A mandatory period of parole follows release. Because this offense involves use of a deadly weapon or infliction of great bodily harm, the court may impose enhanced sentencing under applicable firearm or violence enhancement statutes.

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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