Answering FAQs About Burglary Charges in New Mexico

Answering FAQs About Burglary Charges in New Mexico

Hey there! Dealing with a burglary charge in New Mexico can be scary and confusing. I wanted to write this article to try and answer some of the most common questions people have when facing these kinds of charges. I’m not a lawyer, but I’ve done a lot of research and talked to some legal experts to try and break things down into simple terms. My goal here is to give you a basic understanding of the law and your rights, as well as point you toward some good resources for more help. Let’s dive in!

What exactly is burglary in New Mexico?

Burglary is basically illegally entering any vehicle, building, or structure with the intent to commit a crime inside. New Mexico law defines it under Section 30-16-4. To be charged, the prosecution has to prove a few key things:

• You entered a vehicle, building, or structure without permission or authority
• You intended to commit a theft, assault, or some other crime once inside

It doesn’t matter if you actually committed another crime after entering – just proving you intended to is enough. Burglary is a felony charge in NM no matter how much (or little) damage was done.

What are the penalties for burglary in New Mexico?

Like most states, New Mexico has a tiered system for burglary charges depending on circumstances:

Basic Burglary

• 3rd degree felony
• Up to 3 years in prison
• Up to $5,000 in fines

“Aggravated” Burglary

If any of the below are true, it becomes aggravated burglary:

• Burglar was armed
• Burglar assaulted someone, or intended to
• Another person besides the burglar was present (even an accomplice)
• Burglary occurred at night

Penalties for aggravated burglary:

• 2nd degree felony
• Up to 9 years in prison
• Up to $10,000 in fines

What are some common defenses against burglary charges?

While every case is different, some of the most common defenses against burglary charges include:

• You had permission – If the owner gave you permission to enter, it’s not burglary.
• Mistaken identity – You can argue you weren’t the actual person who entered the property.
• No criminal intent – You entered but didn’t intend to commit a crime after.
• Duress – You were forced to enter the property against your will.

An experienced criminal defense lawyer can help assess if any of these defenses make sense for your specific case.

What happens after a burglary arrest in New Mexico?

The basic process after a burglary arrest is:

1. You’re taken to jail, fingerprinted, photographed, etc.
2. Within 48 hours you’ll go before a judge who informs you of the charges and sets bail.
3. Prosecution has 5 days to present enough evidence for an indictment.
4. You enter a plea at your arraignment – guilty, not guilty, or no contest.
5. Prosecution and defense exchange evidence and do trial preparation.
6. Your criminal trial takes place where a verdict is reached.
7. If found guilty, the judge orders a penalty at sentencing.

Having a lawyer to guide you through the process is hugely important to understand your rights and build the strongest case.

What kinds of evidence do prosecutors use in burglary cases?

Prosecutors may draw on many types of evidence to prove the elements of burglary, such as:

• Eyewitness testimony – Accounts from victims or witnesses who saw you enter.
• Surveillance footage – Video capturing the entry and your actions inside.
• Physical evidence – Your fingerprints, DNA, footprints, tools used, etc.
• Stolen items – Finding items stolen from the property in your possession.

Your defense lawyer will closely examine all the prosecution’s evidence to figure out how to rebut it.

Should I take a plea deal or go to trial?

The prosecutor may offer a plea bargain to plead guilty to a lesser charge and avoid trial. Some things to think about:

• Plea deals often come with lesser penalties vs. risking trial.
• But you give up your right to challenge the charges at trial.
• A deal may require admitting guilt, even if you believe you’re innocent.
• Talk to your lawyer about the pros/cons before deciding.

In some cases it may make sense to take a deal and move on. Other times, fighting the charges at trial is better – but there’s risks involved. Your lawyer’s advice is key.

What kinds of sentences are given for burglary?

Sentences can vary a lot based on your criminal history and details of the case. But in general:

• First offenses often lead to probation or minimal jail time.
• Repeat offenses will get harsher sentences.
• Aggravated burglary brings longer prison sentences.
• Judges have discretion within statutory ranges.

Your lawyer will fight to get the lightest sentence possible under your circumstances. Factors like your background, employment, and family status can help.

Can a burglary charge be expunged from my record?

New Mexico does allow for expungement of certain convictions, but rules are strict for burglary charges:

• Only first-time simple burglary offenses are eligible after 10+ years.
• Aggravated burglary convictions can never be expunged.
• The process is complex – consult an attorney on options.

While expungement is possible in some cases, it’s not guaranteed. An experienced lawyer is key to navigate the process if you’re eligible.

What kinds of lawyers handle burglary charges?

A few tips on finding the right lawyer:

• Look for an experienced criminal defense attorney.
• Find someone familiar with local courts and prosecutors.
• Ask about their track record with burglary cases specifically.
• Be sure they have time to dedicate to your case.

Don’t just go with the cheapest option – this is your freedom at stake. Vet attorneys carefully to get the best defense.

Can I represent myself pro se?

You technically can represent yourself, but it’s really not a good idea for burglary charges:

• Burglary law is complex – hard to navigate alone.
• Prosecutors have advanced legal knowledge.
• Judges expect you to know court procedures.
• Mistakes due to lack of experience can hurt your case.

The stakes are so high here, having an expert lawyer is key. Don’t let costs drive your decision – there may be options to defray legal fees.

What will all of this cost?

Costs to expect include:

• Attorney’s fees – Average $2,500+ for a trial, less if a plea deal.
• Court costs – Fines, fees, etc. $500+
• Probation – $50+/month if sentenced to probation.
• Lost income – From time off work for court dates.

Talk to your lawyer about payment plans, using cash advances, borrowing from 401k, etc. if needed. Don’t let finances drive your choices – it’s worth investing in the best defense.

Where can I learn more about burglary laws in NM?

Some good resources for learning more:

• New Mexico Burglary Laws – Justia
• Burglary vs. Robbery – NM Criminal Law Offices
• Law Shelf Educational Media – Burglary

Spend some time educating yourself on the law. The more you know, the better you can work with your lawyer.

What should I do if I’m facing burglary charges?

Here are some key action steps if you’ve been charged:

1. Remain silent and ask for a lawyer immediately.
2. Don’t try to explain away anything to police.
3. Hire the best criminal defense attorney you can afford.
4. Follow your lawyer’s advice at every step.
5. Avoid social media posts about your case.
6. Begin gathering exonerating evidence if possible.
7. Stay positive – cases can be won even against the odds.

Keep your head up. With an experienced lawyer fighting for your rights, justice can prevail.

References

• New Mexico v. Muqqddin (2012)
• NM Statute §30-16-4
• State v. Muqqddin (2010)
• Burglary vs. Robbery – NM Criminal Law Offices
• NY Times: Solomon Pena Charged in NM Shootings
• Bill to Stiffen NM Shop