(Attempted) Non-Residential Burglary
Legal Definition
A person commits non-residential burglary by unlawfully entering or remaining in any vehicle, watercraft, aircraft, or other structure (other than a dwelling) with the intent to commit any felony or theft therein. The structure must not be used for human habitation. An attempt occurs when a person takes a substantial step toward committing the burglary but does not complete the offense.
Possible Punishment
Completed non-residential burglary: basic sentence of 18 months imprisonment; fine up to $5,000. An attempted non-residential burglary, being one degree lower than the completed offense, is typically punishable as a misdemeanor: up to 364 days in county jail and a fine up to $1,000. New Mexico's attempt statute (§ 30-28-1 NMSA) reduces the classification by one degree unless the completed offense is a capital or first degree felony.
Local Context
Non-residential burglary is distinguished from residential burglary (§ 30-16-3 NMSA) by the type of structure entered—vehicles, storage buildings, commercial premises, and other non-dwelling structures fall under this section. The attempt charge applies when the defendant took concrete steps toward the burglary (such as breaking a lock or forcing entry) but did not complete the unlawful entry or the intended theft or felony inside.
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 (2)
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.