Burglary and Robbery in New Mexico

Burglary is entering a vehicle, watercraft, aircraft, dwelling or other structure without authorization intending to commit any felony or theft inside. Entering a dwelling house is a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15); entering any other vehicle or structure is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-16-3). Aggravated burglary — being armed with a deadly weapon, arming oneself after entering, or committing a battery on anyone inside or while entering or leaving — is a second degree felony (basic sentence nine years, fine up to $10,000, § 31-18-15) (§ 30-16-4). Robbery is theft of anything of value from another person or their immediate control by use or threatened use of force or violence; it is a third degree felony, and robbery while armed with a deadly weapon is a second degree felony for the first offense and a first degree felony (basic sentence eighteen years, fine up to $15,000) for second and subsequent offenses (§ 30-16-2).

New Mexico's rule on court-appointed lawyers: Applicants apply to the Law Offices of the Public Defender and complete the Supreme Court-approved eligibility form, under oath. An applicant is presumed indigent if currently receiving listed public assistance (such as TANF, GA, SSI, SSDI, food stamps, Medicaid or public housing). Otherwise an applicant is indigent if available funds (household net income plus assets minus exceptional expenses) do not exceed one hundred fifty percent (150%) of the current federal poverty guidelines. A non-refundable $10.00 application fee is charged for each case (NMSA 1978, § 31-15-12); it may be waived if the fee would pose an exceptional hardship. An applicant found not indigent may appeal to the court within ten (10) days after being advised of the decision. NMSA 1978, §§ 31-15-7, 31-15-12; Form 9-403 NMRA

Lawyers set their own fees, and New Mexico has rules on how they may charge. See hiring a criminal defense lawyer in New Mexico for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Mexico: Under Article II, Section 13 of the New Mexico Constitution (as amended in 2016) and Rule 5-401, a defendant eligible for pretrial release shall be released on personal recognizance or an unsecured appearance bond; the court may add non-monetary conditions but must impose the least restrictive conditions that reasonably ensure appearance and public safety. In setting conditions the court shall consider any available results of a Supreme Court-approved pretrial risk assessment instrument and the defendant's financial resources. A secured bond may be required only with written findings of particularized reasons; it must be set at the lowest amount necessary, the court shall not set a secured bond that a defendant cannot afford for the purpose of detaining a defendant otherwise eligible for release, and secured bond shall not be set by reference to a predetermined schedule of monetary amounts. A court of record may detain a felony defendant before trial if the prosecutor proves by clear and convincing evidence that the defendant poses a danger and no release conditions will reasonably ensure safety (detention motions follow Rule 5-409). In district court the release hearing must be held no later than three days after arrest if the defendant is held in the local detention center (five days otherwise), and a defendant still in custody 24 hours after the order because of inability to post bond or meet conditions is entitled to a review hearing within five days. N.M. Const. art. II, § 13; Rule 5-401 NMRA What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Mexico expungement and record sealing rules.