Aggravated Non-Residential Burglary
Legal Definition
A person commits aggravated burglary when they unlawfully enter any vehicle, watercraft, aircraft, or other structure (other than a dwelling) with the intent to commit any felony or theft therein, and while doing so they are armed with a deadly weapon or, after entering, arm themselves with a deadly weapon or inflict or attempt to inflict great bodily harm on anyone. The presence of a deadly weapon or the infliction of great bodily harm elevates the offense from simple burglary to aggravated burglary.
Possible Punishment
Basic sentence of 9 years imprisonment; fine up to $12,500. A mandatory period of parole follows release. Because the offense involves a deadly weapon or great bodily harm, the court may impose enhanced penalties, and firearm enhancements may apply if a firearm was used.
Local Context
Aggravated burglary of a non-residential structure is distinguished from residential burglary (§ 30-16-3(A), which applies to dwellings) and simple non-residential burglary (§ 30-16-3(B), which does not involve a deadly weapon or great bodily harm). The 'non-residential' designation typically includes commercial buildings, storage units, vehicles, and other structures not used as dwellings.
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 (1)
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.