In New Mexico, what elevates a burglary charge to aggravated burglary?

To elevate a burglary charge to aggravated burglary in New Mexico, one of the key factors is the presence of certain aggravating circumstances during the commission of the crime. This includes being armed with a deadly weapon or committing battery on someone while in the course of entering or attempting to enter a structure with the intent to commit a crime therein. The law recognizes that these conditions pose a greater threat to public safety and increase the severity of the crime.

While intentions or unauthorized entry are important elements of burglary itself, they do not constitute aggravation. The presence of a weapon or the act of inflicting harm is what distinguishes aggravated burglary from standard burglary, making the charge more serious and subject to harsher penalties. Thus, recognizing the implications of being armed or committing battery is crucial for understanding the severity of burglary charges in New Mexico.