Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense—depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.

In New Mexico, burglary is defined under the New Mexico Statutes Annotated (NMSA) 1978, Section 30-16-3. The law categorizes burglary based on the type of structure entered and the intent of the perpetrator. Burglary in New Mexico is classified into three main types: residential burglary, commercial burglary, and auto burglary. Residential burglary involves the unauthorized entry into a dwelling with the intent to commit any felony or theft therein. Commercial burglary pertains to the unlawful entry into any other type of structure with the same intent. Auto burglary is the unauthorized entry into a vehicle with the intent to commit a felony or theft. The severity of the charges and the penalties upon conviction vary depending on the type of burglary committed. For instance, residential burglary is a third-degree felony, while commercial and auto burglary are fourth-degree felonies. Additionally, the presence of aggravating factors, such as the use of a deadly weapon, can increase the severity of the charges and penalties.