Possession Of Burglary Tools
Legal Definition
A person commits possession of burglary tools when they possess any key, tool, instrument, device, or explosive with the intent to use it, or allow it to be used, to commit any burglary or other breaking and entering. The offense requires proof that the person intended the item to facilitate unlawful entry into a building, vehicle, or other structure. Ordinary tools become burglary tools when possessed with criminal intent.
Possible Punishment
Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole follows release. Sentencing may be enhanced if the defendant is a habitual offender or if the tools were possessed in furtherance of a more serious planned offense.
Local Context
This offense is often charged alongside burglary or attempted burglary. The State must prove the defendant's specific intent to use the tools for unlawful entry; mere possession of common tools without criminal intent is not sufficient. Items commonly charged include lock picks, pry bars, slim jims, or modified keys, though any object can qualify if the requisite intent is shown.
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 (4)
Las Cruces Man, 40, Booked on Felony Charges Including Church Desecration
MATTHEW ALARCON | 7 charges
Las Cruces Man, 36, Booked on Conspiracy and Burglary Charges
JUAN GARCIA | 10 charges
Las Cruces Man, 39, Jailed on Auto Burglary and Probation Violation Counts
CHRISTOPHER BERUMEN | 7 charges
Las Cruces Man, 33, Booked on Burglary, Felon-in-Possession and Warrant Counts
DEREK CHAVEZ | 14 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.