Albuquerque, NM asked in Criminal Law for New Mexico

Q: Can I get breaking and entering charge

There was no posted no trespassing signs there was a house no door full of trash I didn't go in just walked around the property looking at everything there was a gate but it wasn't locked the gate was wide open

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1 Lawyer Answer
William Jaksa
William Jaksa
  • Criminal Law Lawyer
  • Toronto

A: Technically speaking it doesn't matter if a door is locked or even if it's wide open to be charged with B&E. The act of opening an unlocked door can be enough to be considered breaking & entering. It depends on your intentions. If your intentions were just exploring the property, and there was no intent to steal property then you're likely fine.

The law is more concerned about your intentions in these scenarios.

You can still be charged in most states with trespassing even if there are no signs posted.


