Breaking And Entering

Legal Definition

A person commits breaking and entering when they unlawfully enter any vehicle, watercraft, aircraft, dwelling, or other structure, movable or immovable, with the intent to commit any felony or theft therein. The offense requires both an unauthorized entry and the specific intent to commit a crime inside. Breaking and entering differs from burglary in that it does not require breaking into an occupied structure or dwelling.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole (typically 1 year for fourth degree felonies) follows release from imprisonment. The sentence may be enhanced if the defendant is a habitual offender or if other aggravating circumstances apply under New Mexico's sentencing 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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