(Attempted) Auto Burglary
Legal Definition
A person commits auto burglary by unlawfully entering any vehicle with the intent to commit any felony or theft therein. The offense is complete upon the unauthorized entry coupled with the requisite criminal intent, regardless of whether the intended crime is actually carried out. An attempt occurs when a person takes a substantial step toward committing auto burglary but does not complete the entry or is otherwise prevented from doing so.
Possible Punishment
Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory parole period of 2 years applies. Because this charge references an attempt, the court may impose a sentence for one degree lower than the completed offense, though auto burglary itself is already a fourth degree felony.
Local Context
Auto burglary is a specific form of burglary targeting vehicles rather than buildings or structures. The statute does not require that the vehicle be locked or that any property actually be taken—the unlawful entry with intent to steal or commit a felony is sufficient. Attempted auto burglary is charged under New Mexico's general attempt statute (§ 30-28-1 NMSA) in conjunction with the substantive burglary provision.
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 (0)
No current inmates booked under § 30-16-3 NMSA.
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.