Aggravated burglary is a serious felony offense in New Mexico that carries substantial penalties. This crime is distinguished from simple burglary by the presence of specific dangerous circumstances. Understanding what elevates a burglary charge and the potential consequences is important. For a conviction, the state must prove all legal components of the offense.
Understanding Burglary in New Mexico
To understand aggravated burglary, one must first understand the underlying crime of burglary. In New Mexico, burglary is defined as the unauthorized entry into a structure with the intent to commit a felony or theft inside. This law applies to various structures, including dwellings, vehicles, and watercraft.
“Unauthorized entry” means entering a place without permission from a person authorized to give consent. This can be achieved by force or by simply walking through an unlocked door. The second element, intent, requires a prosecutor to show that at the moment of entry, the person intended to commit a theft or felony inside. The intended crime does not need to be completed.
The severity of a burglary charge depends on the type of structure entered. Entering a dwelling house without authorization is a third-degree felony. If the entry involves any other structure, such as a vehicle or a commercial building, it is charged as a fourth-degree felony.1Justia Law. New Mexico Statutes Section 30-16-3 (2024) – Burglary
Elements of Aggravated Burglary in New Mexico
Aggravated burglary includes all the elements of simple burglary plus an additional aggravating factor. According to New Mexico Statute § 30-16-4, these factors significantly increase the danger of the crime.2Justia Law. New Mexico Statutes Section 30-16-4 (2024) – Aggravated Burglary The presence of any one of these circumstances elevates the offense.
The first aggravating factor is being armed with a deadly weapon upon entry or arming oneself after entering the structure. A deadly weapon is defined as any firearm, whether loaded or unloaded; any weapon that can cause death or great bodily harm, such as a knife or bludgeon; or any other item used in a way that could cause such harm.
The second aggravating factor is committing a battery upon any person while inside the structure, during the entry, or while fleeing. A battery is the unlawful, intentional touching or application of force to another person in a rude, insolent, or angry manner. The battery does not need to cause a serious injury, as any unwanted and offensive contact can qualify.
Potential Penalties for an Aggravated Burglary Conviction
An aggravated burglary conviction in New Mexico is a second-degree felony. A conviction can result in a basic sentence of nine years in prison and a fine of up to $10,000.3Justia Law. New Mexico Statutes Section 31-18-15 (2024) – Sentencing Authority; Noncapital Felonies; Basic Sentences and Fines; Parole Authority; Meritorious Deductions This sentence can be adjusted based on the defendant’s prior criminal history and other factors.
Penalties can be enhanced if a firearm was used during the crime. New Mexico law provides for a one-year sentence enhancement for using a firearm.4Justia Law. New Mexico Statutes Section 31-18-16 (2024) – Use, Brandishing or Discharge of Firearm; Alteration of Basic Sentence; Suspension and Deferral Limited For a second or subsequent offense involving a firearm, this enhancement increases to five years. These enhancements are added to the basic sentence.
A conviction for aggravated burglary also limits certain sentencing alternatives. A person found guilty is not eligible for a conditional discharge, a sentencing option that allows for dismissal of charges after probation. Upon release from prison, a person will face a mandatory two-year parole period.
Proving Aggravated Burglary The State’s Burden
For a person to be convicted of aggravated burglary, the prosecution carries the entire burden of proof. The state must prove every element of the offense beyond a reasonable doubt. This means the evidence presented must be so convincing that there is no other logical explanation for the facts except that the defendant committed the crime.
The prosecutor must first establish the elements of basic burglary: an unauthorized entry with the specific intent to commit a felony or theft. The state must then prove one of the aggravating factors, showing either that the defendant was armed with a deadly weapon or committed a battery during the event.
If the state’s evidence on any single element is weak, a jury should return a not-guilty verdict. For example, if the prosecution cannot establish the required intent, the burglary charge would fail. If evidence of a deadly weapon or battery is insufficient, the charge may be reduced to simple burglary.