Were you arrested or charged with a theft-related offense anywhere in Albuquerque, New Mexico? Whether it’s shoplifting, identity theft, burglary, or some other theft crime, you have rights and legal options. Call Jones Criminal Defense Attorneys at (505) 248 1400 for a free case evaluation with an experienced Albuquerque theft crimes attorney.
We understand that theft charges can bring serious consequences, including jail time, steep fines, criminal records, and long-term damage to your reputation. We have decades of combined experience defending the accused and provide aggressive defense strategies tailored to your case.
Why Choose Jones Criminal Defense Attorneys to Handle Your Defense in Albuquerque, NM?
When your future is at stake, the lawyer you choose matters. At Jones Criminal Defense Attorneys, we’ve built our reputation on a commitment to excellence in criminal defense and an unwavering dedication to our clients.
Here’s what sets our Albuquerque criminal defense lawyers apart:
- Experience: Our attorneys bring decades of combined legal experience to every case, with a proven track record in theft and property crime defense.
- Local Knowledge: Based in Albuquerque, New Mexico, we understand how theft crimes are prosecuted in Bernalillo County. We know the local courts, prosecutors, and procedures.
- Personalized Representation: We don’t believe in one-size-fits-all defense strategies. Each client receives individualized attention and a legal strategy designed for their unique circumstances.
- Aggressive Advocacy: We are trial-tested lawyers who are not afraid to stand up to prosecutors in court. If your case goes to trial, you can be confident that you’ll have an experienced litigator on your side.
- Client-Focused Approach: We prioritize communication, keeping you informed at every stage of the process so that you can make informed decisions about your defense.
If you’re facing theft charges, don’t wait. Early legal intervention is often critical. Let us review your situation and help you understand your best path forward. Call now for a free consultation with an Albuquerque criminal defense lawyer.
What Counts as Theft Under New Mexico Law?
In New Mexico, theft crimes cover a wide range of offenses. The law uses terms like theft, larceny, robbery, burglary, and embezzlement, with each defined differently and carrying separate penalties based on factors like the value of the goods and whether force or deceit was used.
Larceny (NM Stat § 30-16-1)
Larceny is the unlawful taking, carrying, or control of property belonging to another, with the intent to permanently deprive the owner of it. New Mexico law uses “larceny” where other jurisdictions might use “theft.”
The offense is classified based on the value of the property (e.g., petty vs. grand larceny), with penalties increasing as value increases.
Shoplifting (NM Stat § 30-16-20)
Shoplifting includes taking merchandise from a retail establishment with the intent to deprive the merchant of it, altering price tags, or even concealing merchandise without paying.
Like larceny, penalties depend on the value of the items involved.
Receiving Stolen Property (NM Stat § 30-16-11)
Knowingly receiving, retaining, or disposing of stolen property is a crime. Actual knowledge isn’t always required; reasonable grounds to believe the property was stolen can be enough to trigger charges.
Burglary (NM Stat § 30-16-3)
Burglary involves unauthorized entry into a dwelling, structure, or vehicle with the intent to commit theft or another felony inside. It does not require actual theft or confrontation.
Robbery (NM Stat § 30-16-2)
Robbery is the use or threat of force to take something of value from another person or from their immediate control. Since it involves violence or intimidation, it is treated more seriously than larceny or burglary.
Penalties for Theft Crimes in New Mexico
The penalties for theft crimes in New Mexico vary widely depending on the type of offense and the value of the property involved. Even a relatively minor shoplifting case can leave you with a criminal record that impacts your life for years.
- Petty misdemeanor theft applies when the stolen property is valued at less than $250. Penalties include up to 6 months in jail and a fine of up to $500.
- Misdemeanor theft applies when the value is more than $250 but not more than $500. Penalty is up to 1 year in jail and a fine of up to $1,000.
- Fourth-degree felony theft is charged for thefts of more than $500 but not more than $2,500. Penalty is up to 18 months in prison and a fine of up to $5,000.
- Third-degree felony theft applies to alleged thefts of more than $2,500 but not more than $20,000. Penalty is up to 3 years in prison and a fine of up to $5,000.
- Second-degree felony theft applies when the value is more than $20,000. Penalty is up to 9 years in prison and a fine of up to $10,000.
Other theft-related charges, like burglary or robbery, come with enhanced penalties. Robbery, for example, is classified as a violent felony and can bring years of imprisonment even for a first-time offender.
Collateral Consequences of a Theft Conviction in Albuquerque
The criminal penalties are only one part of the story. A theft conviction in New Mexico can carry long-lasting consequences that follow you long after you’ve served your sentence.
These may include:
- Difficulty finding employment – Many employers conduct background checks and are reluctant to hire individuals with theft convictions.
- Housing challenges – Landlords often deny applications from prospective tenants with criminal records.
- Professional licensing issues – If you hold or are seeking a professional license, a theft conviction could prevent you from obtaining or keeping it.
- Immigration consequences – Non-citizens may face deportation or other immigration-related penalties.
- Reputational damage – Being labeled a thief can harm your standing in the community and personal relationships.
Because of these far-reaching consequences, it’s essential to take theft charges seriously and mount a strong defense. An experienced criminal defense lawyer can help you avoid the worst collateral consequences of a theft charge.
Possible Defenses to Theft Charges in New Mexico
Being charged with theft in Albuquerque does not automatically mean you will be convicted. Every case is different, and there are often valid defenses that can be raised to the alleged theft.
Depending on the circumstances, possible defenses include:
- Lack of intent – Theft requires the intent to permanently deprive the owner of property. If you didn’t intend to steal, you may have a defense.
- Mistaken identity – In busy stores, crowded areas, or poorly lit conditions, it’s not uncommon for police or witnesses to identify the wrong person in a theft offense.
- Ownership dispute – If you believed the property was yours or you had a legitimate claim to it, this could negate the intent element required for theft.
- Insufficient evidence – Prosecutors must prove the case beyond a reasonable doubt. If the evidence doesn’t satisfy this burden, charges may be reduced or dismissed.
- Constitutional violations – If your rights were violated through an illegal search and seizure or other means, the evidence against you may be suppressed.
The right defense strategy depends on the unique facts of your case. An experienced theft crimes lawyer will review every detail to determine the strongest path to getting a favorable outcome.
How an Albuquerque Theft Crimes Attorney Can Help in a Theft Crimes Case
Facing theft charges in New Mexico can feel overwhelming, but having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case.
Here are some of the ways an attorney can help:
- Explaining the charges and penalties – Theft laws in New Mexico can be complicated, with penalties varying based on property value and circumstances. A lawyer helps you understand what you’re facing and what’s at stake.
- Investigating the facts – A defense attorney will review police reports, interview witnesses, and analyze video footage or other evidence to uncover weaknesses in the prosecution’s case.
- Challenging evidence – If evidence was obtained through an illegal search or if there are credibility issues with witnesses, an attorney can file motions to have that evidence suppressed.
- Negotiating with prosecutors – In some cases, a lawyer can negotiate for reduced charges, alternative sentencing options, or entry into diversion programs that can help you avoid a conviction.
- Representing you in court – If your case goes to trial, an attorney will present evidence, question witnesses, and argue on your behalf to protect your rights and freedom.
- Protecting your future – A lawyer can also advise you on the long-term consequences of a conviction and explore options such as record sealing or expungement, where available.
An attorney helps ensure your rights are respected and that you have the strongest defense possible. At Jones Criminal Defense Attorneys, we handle all aspects of your criminal defense, from investigations into the facts to representing your interests in negotiations and at trial. Reach out to us today to learn more about how our attorneys can help you.
Contact an Albuquerque Theft Crimes Lawyer Today for Help
If you or a loved one is facing theft charges in Albuquerque, you have options. At Jones Criminal Defense Attorneys, we understand what’s at stake. Your freedom, your reputation, and your future are on the line. Backed by decades of combined experience, we provide aggressive defense for clients accused of theft and property crimes throughout New Mexico.
Call us today to schedule a confidential consultation with an Albuquerque theft crimes lawyer. We’ll review your case and fight to protect your rights.