Were you charged with shoplifting in Albuquerque, New Mexico? Contact Jones Criminal Defense Attorneys for a free consultation at (505) 248 1400. Our Albuquerque shoplifting attorneys can guide you through the legal process from start to finish and work to have your charges reduced or dismissed outright if possible.
We have extensive experience representing clients accused of theft and other property crimes across the State of New Mexico, and now we’re ready to get to work for you. Call today or get in touch with us online to get started; we can provide you with some initial legal advice during your free case review.
Why Hire Jones Criminal Defense Attorneys to Handle My Shoplifting Case in Albuquerque, NM?
Hiring Jones Criminal Defense Attorneys will put an award-winning Albuquerque criminal defense lawyer on your side who understands how the other side operates inside and out. Our founding attorney, Alexandra W. Jones, is one of the most well-respected legal professionals in the state and will make your case our priority from the start.
Here’s why so many clients throughout Albuquerque turn to our firm:
- Substantial legal experience: Our attorneys have successfully handled countless criminal cases in New Mexico courts.
- Successful results: We’ve helped clients avoid convictions and secure dismissals even when up against serious charges.
- Personalized representation: Every case is unique. You’ll receive one-on-one attention from an attorney who understands your situation and goals.
- Respected trial lawyers: We prepare every case as if it’s going to trial, giving you an advantage in plea negotiations and in court.
- Local insight: We know how local prosecutors build their cases and what strategies work best in Albuquerque’s courts.
Contact our shoplifting lawyers in Albuquerque, NM, today to schedule a free consultation. We’ll fight for you and be at your side every step of the way.
Shoplifting Laws in New Mexico
Shoplifting is a common but serious criminal charge in New Mexico. It’s governed by NM Stat § 30-16-20, which makes it illegal to take merchandise from a store without paying for it or with the intent to deprive the owner of its full value.
Under New Mexico law, you can be charged with shoplifting for more than just walking out of a store without paying.
Other actions can also qualify, including:
- Concealing merchandise while inside a store
- Altering, removing, and switching price tags
- Transferring items from one container to another
- Using self-checkout to intentionally underpay for goods
- Assisting another person in stealing from a store
It’s important to note that you don’t have to actually leave the store to be charged with shoplifting. If the prosecution believes you intended to steal, they can still file charges.
What Are the Penalties for Shoplifting in Albuquerque, NM?
The penalties for shoplifting in New Mexico can vary widely based on the details of the case, your prior record, and whether the crime involved aggravating circumstances. While first-time offenders may qualify for leniency, repeat offenses are treated more harshly.
Here’s a closer look at the potential penalties:
- Petty misdemeanor: Up to 6 months in jail and up to $500 in fines
- Misdemeanor: Up to 1 year in jail and up to $1,000 in fines
- Fourth-degree felony: Up to 18 months in prison and up to $5,000 in fines
- Third-degree felony: Up to 3 years in prison and up to $5,000 in fines
- Second-degree felony: Up to 9 years in prison and up to $5,000 in fines
Note that there could be other penalties as well, such as restitution and counseling, depending on the facts of the case. Further note that in certain cases, your lawyer may be able to negotiate entry into a pre-prosecution diversion program. This would allow you to avoid a conviction altogether by meeting specific conditions such as paying restitution or completing community service.
Collateral Consequences of a Shoplifting Conviction
A shoplifting conviction doesn’t just end with jail or fines. It can have lasting effects on your personal and professional life, and these impacts can continue long after you’ve completed your sentence.
Collateral consequences may include:
- Permanent criminal record: A theft conviction can make it difficult to pass background checks
- Employment challenges: Employers may be hesitant to hire someone with a record involving dishonesty or theft
- Loss of housing opportunities: Many landlords conduct background checks and may deny applications based on criminal records
- Professional licensing issues: Certain careers, such as in healthcare, finance, and education, may be closed to those with theft-related convictions
- Immigration complications: Non-citizens could face deportation or denial of naturalization due to a theft conviction
Minor shoplifting charges can still have an impact far beyond the courtroom. That’s why it’s critical to act quickly and contact an experienced Albuquerque shoplifting lawyer as soon as possible for help fighting back.
What to Expect During the Criminal Process for a Shoplifting Charge in Albuquerque, NM
Facing criminal charges can feel impossible in any circumstance, but it can feel even more so if it’s your first time going through something like this. Understanding what to expect can make the proceedings feel less intimidating.
Here’s a general overview of what happens after a shoplifting arrest in Albuquerque:
- Arrest or citation: Depending on the severity of the alleged offense, you may be arrested or issued a summons to appear in court
- Arraignment: You’ll be formally notified of your charges and asked to enter a plea of guilty, not guilty, or no contest
- Pre-trial phase: Your attorney can file motions to challenge the prosecution’s evidence or seek to have certain evidence suppressed if it was obtained illegally
- Plea negotiations: In some cases, your lawyer can negotiate with the prosecution to reduce the charges or penalties through a plea deal
- Trial: If your case proceeds to trial, the prosecution must prove every element of the offense beyond a reasonable doubt
- Sentencing: If convicted, the judge will decide your penalties based on the severity of the crime, your record, and any mitigating factors
Throughout this time, the criminal defense team with Jones Criminal Defense Attorneys will be by your side, ensuring your rights are protected and every option for a favorable outcome is explored.
What Defenses Can I Raise Against Shoplifting Charges in Albuquerque?
The prosecution must prove every element of a shoplifting charge beyond a reasonable doubt to secure a conviction. That means a small weakness in the state’s case can actually make a major difference in the outcome. A respected shoplifting lawyer in Albuquerque will carefully examine the facts of your case to identify every possible defense strategy.
Common defenses against shoplifting charges in New Mexico include:
- Lack of intent: Shoplifting requires proof that you intended to steal. If you forgot to pay or accidentally walked out with an item, that lack of intent could lead to a dismissal
- Mistaken identity: Security footage or witness statements may have identified the wrong person, particularly in crowded stores
- Insufficient evidence: The prosecution’s case might rely on unclear video footage or weak testimony. Without solid proof, charges can be reduced or dropped
- Illegal search or seizure: If law enforcement or store security violated your constitutional rights, any evidence they obtained might be inadmissible in court
- Duress or coercion: You may have been forced or pressured into taking the item by another person
Ultimately, your defense attorney will tailor your defense to the specific facts and circumstances of your case. At Jones Criminal Defense Attorneys, we will use our deep understanding of criminal law to challenge the prosecution at every turn and work toward as successful an outcome as possible.
Should I Hire a Private Attorney for a Shoplifting Charge in Albuquerque, NM?
You have the right to a public defender if you cannot afford a lawyer. However, many people choose to hire a private criminal defense attorney to ensure their case receives the time and attention it deserves. Public defenders often handle heavy caseloads, which can limit the amount of personal focus they can provide.
Hiring a private attorney can make a significant difference in the outcome of your case.
A private lawyer can:
- Spend more time investigating the evidence and building your defense
- Communicate directly with you and keep you informed at every stage
- Present a personalized, in-depth defense strategy tailored to your situation
When your freedom and future are on the line, having a shoplifting lawyer in Albuquerque dedicated solely to your case can be one of the most important decisions you make.
Schedule a Free Consultation With an Albuquerque Shoplifting Attorney
A shoplifting charge can feel like the end of the world, but it doesn’t have to define your future. Whether you’re facing a petty misdemeanor or a felony theft charge, the right lawyer can make all the difference in protecting your freedom and reputation.
The attorneys at Jones Criminal Defense Attorneys have extensive experience defending clients throughout New Mexico. We know how to navigate the Albuquerque court system, negotiate with prosecutors, and fight aggressively at every stage as your case progresses.
Contact us today to schedule a free consultation with an experienced Albuquerque shoplifting lawyer. We’re ready to stand by your side and fight for your future.