Yes, Breaking and Entering is a felony in New Mexico. State-level criminal laws define it as a fourth-degree felony. A conviction could result in up to 18 months imprisonment and fines of up to $5,000.
Besides the potential of jail time, people with a felony conviction also face collateral consequences after a conviction, including difficulty finding a job, loss of gun rights, the loss of other civil rights, and other challenges associated with the stigma of a criminal record. If you or a family member face New Mexico Breaking and Entering charges, get legal advice from a criminal defense attorney to evaluate evidence, conduct a defense investigation and start fighting for you.
In This Article
Criminal defense attorney, Marc A. Grano, helps you understand how New Mexico laws define Breaking and Entering as a statutory, felony-level crime and explains the potential maximum prison sentences and fines. We also address the possibility of reducing or avoiding felony criminal sentences when facing Breaking and Entering charges.
Defining Felony Breaking and Entering
Breaking and entering, sometimes referred to colloquially as a “B and E,” is the unauthorized entry of property, such as motor vehicles and residences, under NMSA § 30-14-18. However, breaking and entering charges differ from other trespass crimes because the alleged entry was obtained by fraud, deception, the breaking or dismantling of something in order to gain entry. An example would be the breaking of a window in order to gain entry. The statute concludes by classifying this type of crime as a fourth-degree felony.
Breaking and Entering vs. Robbery vs. Burglary
Sometimes, people use breaking and entering, robbery, and burglary interchangeably. However, the law construes them into separate statutes since they carry specific elements and degrees, which, in turn, carry different penalties.
Here is a quick overview of how state laws define robbery and burglary (relevant law indicated in parentheses):
- Robbery (NMSA § 30-16-2): The theft of valuable personal property under the threat or actual use of force, classified as a third-degree felony
- Burglary (NMSA § 30-16-3): The unauthorized entry of property while intending to commit a felony or theft, classified as a third- or fourth-degree felony
Essentially, Breaking and Entering charges are reserved for people accused of entering a property without the owner’s permission while engaging in forcefulness, fraudulence, or deception to gain access. The primary difference between these charges vs. robberies and burglaries is that prosecutors do not have sufficient evidence to prove that you stole personal property or intended to commit a felony.
New Mexico Breaking and Entering Felony Sentences
The classification of a crime determines the sentence for a criminal conviction. For example, misdemeanors are lesser offenses carrying lower penalties, while felonies are the most severe crimes, imposing harsher sentences.
It is also worth noting that classification determines the severity of any potential sentence. New Mexico classifies misdemeanors as petty misdemeanors and misdemeanors. In the case of felonies, a crime falls under one of five levels, including capital, first-, second-, third-, and fourth-degrees, going from most to least serious per NMSA § 30-1-7.
Below, we have outlined the maximum prison sentences, fines, and collateral consequences associated with a Breaking and Entering conviction:
Maximum Prison Sentences
The basic maximum prison sentence for a Breaking and Entering conviction in New Mexico is 18 months. You would serve your sentence in a New Mexico Corrections Department prison facility, such as Central New Mexico Correctional Facility, Guadalupe County Correctional Facility, Northeast New Mexico Correctional Facility, or the Penitentiary of New Mexico.
Maximum Fines
The maximum fine for a Breaking and Entering conviction in New Mexico is $5,000. The judge can impose this fine regardless of your ability to pay. However, the court may permit payment arrangements with approval.
Collateral Consequences
Collateral consequences are not state-imposed sentences. Instead, they result from the social stigma and rules surrounding the treatment of people with felony convictions. They generally result in challenges in gaining employment, procuring certain licenses, losing specific civil rights, custody issues, and finding a place to live. While you can petition the court for an expungement after a conviction, there are no guarantees that a judge will grant one.
Examples of Felony Breaking and Entering Legal Defenses
In criminal law, legal defenses allow you to protect your rights and prevent illegal criminal liability. Typically, a criminal defense lawyer challenges one or multiple aspects of the prosecutor’s allegations against you. This process could involve questioning whether they have sufficient evidence against you, met the legal definition of Breaking and Entering, and other points of failure in motions filed with the court and arguments in hearings.
Every Breaking and Entering case is unique, meaning your legal defense will be unique to your circumstances. However, some are more commonly used than others. Below, we have outlined three legal defense examples when facing Breaking and Entering charges:
- Example 1. No probable cause: Courts must have a reasonable basis to believe that you committed Breaking and Entering for an arrest or search warrant. Otherwise, an illegal arrest may have occurred, giving you a valid legal defense in the pre-trial stage of your case.
- Example 2. Insufficient evidence: Prosecutors must have sufficient evidence to get a conviction, an issue repeatedly addressed in statutory annotations included in the Breaking and Entering statute. Your actions, proven with evidence by prosecutors, must meet specific elements, such as the legal definition of “unauthorized entry” and how other charges affect the outcome of your case,
- Example 3. Authorized to enter: You may have had permission to enter the building, vehicle, property, or structure or a reasonable basis to believe that you had permission to enter.
Applying a legal defense without advice from a lawyer could result in unwanted, unintended consequences, such as a criminal conviction. However, inadequately defending yourself could also cause a similar outcome. Speak with a New Mexico criminal defense law firm offering a free consultation, sometimes called a case strategy session, giving you a one-on-one chance to ask questions, learn more about your options, and take the next step toward your legal defense against Breaking and Entering charges.
Get Legal Advice From a Criminal Defense Attorney in New Mexico
The interpretation and application of New Mexico’s Breaking and Entering laws affect the outcome of your case. Prosecutors may act like they have a solid case against you, regardless of the facts. It is critical to understand that the due process of the law allows you to point out procedural and prosecutorial errors, weak or insufficient evidence, and other flaws in their allegations.
An experienced, results-oriented criminal defense attorney will help you fight for the outcome you deserve. If the State of New Mexico cannot prove that a crime occurred beyond a reasonable doubt, you should not pay for it with your freedom. Hire a legal team, such as Grano Law Offices, P.C., to mount a legal defense against Breaking and Entering charges like your future and freedom depends on it.
Call Grano Law Offices, P.C. for a Free Case Strategy Session
Were you or a family member charged with Breaking and Entering in Northern or Central New Mexico?
If so, get no-cost, no-obligation legal advice from an award-winning criminal defense attorney at Grano Law Offices, P.C. Schedule your Free Case Strategy Session by calling (505) 426-8711 or message us via the contact form below.
