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Burglary and Robbery

Section 30-16-3 — entering a dwelling to commit a felony or theft is a third degree felony

OffenseLevel
OffenseBurglary of a dwelling houseLevelThird degree felony
OffenseBurglary of a vehicle, watercraft, aircraft or other structureLevelFourth degree felony
OffenseAggravated burglary: armed, arming inside, or a battery on anyone while thereLevelSecond degree felony
OffenseRobberyLevelThird degree felony
OffenseRobbery while armed with a deadly weaponLevelSecond degree felony for a first offense, first degree for a later one
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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

Burglary is the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure with intent to commit a felony or theft inside. Robbery is theft of anything of value from another person, or from their immediate control, by use or threat of force or violence.

Sources for this section (3)
  1. NMSA 1978, § 30-16-2 — Robbery
  2. NMSA 1978, § 30-16-3 — Burglary
  3. NMSA 1978, § 30-16-4 — Aggravated burglary

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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