Albuquerque Shoplifting/Larceny Criminal Defense Lawyers

Experienced Shoplifting Lawyer Fighting throughout New Mexico

Stealing is a crime. If you are caught stealing or accused of stealing, not only is it an embarrassment, but it can have serious repercussions in your life. Whether the value of the items is large or small, stealing can get you into hot water, saddling you with a criminal record, fines, community service, and even potential jail time. Call an experienced Albuquerque, NM shoplifting lawyer if you or a family member have been accused or charged with shoplifting in New Mexico.

In New Mexico’s criminal statutes, “larceny” refers to crimes involving theft and is defined as “the stealing of anything of value that belongs to another.” The term larceny is used when the theft of property was not achieved by means of force or intimidation (robbery) or by trespass/ breaking and entering (burglary). The thing stolen can be an object, merchandise, money, checkbook, credit card, service, meals, accommodations, or someone’s identity. Charges for theft typically depend on the type and value of the property taken.

Acts that Constitute Larceny

These offenses are specified as larceny in New Mexico’s statutes:

• Intentionally receiving, retaining or disposing of stolen property knowing or believing that it has been stolen, except with the intention of returning it to the owner
• Falsely obtaining services, food, entertainment, or accommodations and deliberately skipping out on the check
• Identity theft, which is fraudulently using another person’s personal identifying information to open accounts, obtain credit, services, merchandise, or other things of value
• Credit card theft, or taking a credit card of another person without the cardholder’s knowledge or consent, intending to use it, sell it, or give it to someone else. Credit card theft is a fourth-degree felony
• Renting or leasing a vehicle or other personal property by representing yourself as someone else or using another person’s driver’s license or other identifying information, and then failing to return it. Charges can range from a petty misdemeanor if the value of the property is $250 or less, up to a second-degree felony if the value is $20,000 or more
• Shoplifting, which includes all of the following:
  • Switching or altering price tags on merchandise so you pay less for an item
  • Switching packaging; putting the item you want in the box of a less expensive item
  • Leaving a store wearing or carrying concealed, unpaid-for merchandise
  • Eating food in a store and leaving without paying for it

These charges seem simple on paper, but the specific accusation, alleged value, evidence, and intent behind the conduct significantly impact the defense strategy.

Defenses to Larceny Charges

To avoid a conviction, the prosecution will have to prove beyond a reasonable doubt that you took and removed someone else’s property without their consent, and that it was your intention to permanently deprive the owner of their property.

Violations of your constitutional rights and proving that you could not have taken the property are among the first things your criminal defense attorney will consider in developing a defense. Other possible defenses include showing that you believed that the property in question actually belonged to you, that you intended to return the property when you took it, that the owner of the property consented to your taking it, or that the taking of the property was done under duress.

Facing a Shoplifting or Theft Charge? Get Legal Help Today

New Mexico Criminal Defense Law Firm

“Larceny” is a legal term of art meaning theft. The most common larceny charge, unsurprisingly, is shoplifting. Unfortunately, shoplifting even a small item can land you in jail and stigmatize you for the rest of your life. It could also result in restitution liability that could far exceed the value of the item.

You might be surprised at how easy it is to shoplift something accidentally. You don’t even need to leave the shop to commit the offense – even concealing the item is enough. Many of our clients have faced shoplifting charges that arose from an innocent moment of absent-mindedness. Others have been victimized when someone else switched price tags on an item to make it appear cheaper.

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The Valuation Game

One aspect of larceny law that renders it unique from most other criminal offenses is the fact that penalties get dramatically steeper as the estimated value of the item goes up. Taking a ring worth $2,500 could get you 18 months in prison – but add a dime to its value, and the maximum sentence rises to three years. A good shoplifting lawyer will know how to influence the valuation process in your favor.

What Should You Know Before Calling a Shoplifting Lawyer in Albuquerque?

A shoplifting lawyer Albuquerque residents contact after an arrest should do more than repeat the charge. The right defense starts by examining the alleged value, the store’s evidence, the police report, the proper court, and whether there is a path to protect your record.

Shoplifting charges in New Mexico can begin with minor actions like missed scans, concealed items, switched packaging, or distracted passing by the register. These can lead to criminal charges, court dates, jail time, civil demands, and a permanent record that affects employment, housing, licenses, or immigration.

Our job is to slow the process, test what the State can prove, and determine the next step that best protects your case.

How Does New Mexico Decide Whether Shoplifting Is a Misdemeanor or Felony?

New Mexico usually classifies shoplifting by the alleged retail value of the merchandise. Under New Mexico’s shoplifting law, the charge level can increase quickly as the value goes up.

Alleged Value of Merchandise	Charge Level
$250 or less	Petty misdemeanor
More than $250 but not more than $500	Misdemeanor
More than $500 but not more than $2,500	Fourth-degree felony
More than $2,500 but not more than $20,000	Third-degree felony
More than $20,000	Second-degree felony

Value disputes matter. A receipt, sticker price, discount, recovered merchandise, aggregation issue, or store valuation method can affect the charge. An Albuquerque theft lawyer can review whether the State relies on the correct value and if the evidence supports the charge level.

Can a First-Time Shoplifting Defendant Avoid a Conviction?

Some first-time defendants may have options to avoid a conviction, but eligibility depends on the charge, the facts, the court, the prosecutor, and their record. In a first-time petty misdemeanor shoplifting case, a conditional discharge, a deferred sentence, or a local diversion may be available for some qualifying defendants. For some Bernalillo County cases, the Second Judicial District Attorney also runs a pre-prosecution diversion program for qualifying defendants.

Diversion or conditional discharge is not the same as “nothing happens.” A person may need to fulfill conditions like restitution, community service, theft education, counseling, drug or alcohol testing, employment or school requirements, regular reporting, and avoiding new arrests. Completing the agreement can lead to dismissal or resolution without a conviction, but failure to do so may result in prosecution.

A larceny lawyer in Albuquerque helps by conducting an early eligibility assessment, gathering mitigation evidence, negotiating with prosecutors, challenging weak evidence, and seeking outcomes that protect the client’s future, not just by closing the case.

Why Did the Store Send a Civil Demand Letter?

A civil demand letter is separate from the criminal shoplifting case. In New Mexico, a retailer may seek civil damages from an adult convicted of shoplifting, including the retail value of unrecovered merchandise, certain punitive damages, suit costs, and reasonable attorney fees under New Mexico’s civil shoplifting liability law.

Do not ignore a civil demand letter, but do not assume you should pay it immediately. Payment may not end the criminal case. An attorney can review the letter, explain how it relates to the shoplifting charges, and help you decide whether and how to respond.

Standing Up for You

New Mexico Criminal Law Offices opened in 1997. We have appeared in nearly every New Mexico criminal court, and we know most of the players in the New Mexico criminal justice system. We are not universally popular, however, although judges like us, some prosecutors don’t like us because we make their jobs far more difficult. That’s something we take pride in.

Connect with Our Shoplifting Lawyer Today for a Free Case Evaluation

Your choice of who will represent you in a criminal prosecution is perhaps the most important decision you will make in the entire case – and perhaps one of the most important decisions you will make in your entire life. As a small criminal defense firm, we will not pass off your case to “the junior associate,” because there are no such people at New Mexico Criminal Law Offices.

Instead, we will take your case just as seriously as if we were the ones being prosecuted, not you. We don’t play around with our clients’ lives, and we won’t let anyone else do that either. If you are being investigated for larceny or have already been charged, call us at 505-200-2982 or complete our online contact form to schedule a free initial case evaluation.

Frequently Asked Questions (FAQs)

Is Shoplifting a Felony in New Mexico?

Shoplifting over $500 can be a felony in New Mexico, with severity increasing as the value rises. A charge for shoplifting over $500 up to $2,500 is usually a fourth-degree felony. An aggravated offense occurs if someone assaults with a deadly weapon after stealing, which is more serious. Near the felony threshold, value impacts the charge, court, sentencing, and negotiations.

What Is the Difference Between Shoplifting and Larceny in New Mexico?

Larceny is a broad theft crime in New Mexico that involves stealing someone else’s property.

Shoplifting is a specific type of larceny, usually involving merchandise from a retailer, such as taking, concealing, altering price tags, or repackaging to avoid payment. It is just one form of theft, with larceny encompassing various types of property. 

The evidence may differ—for example, surveillance video, loss-prevention reports, receipts, self-checkout data, or employee statements may support a shoplifting charge.

Can You Go to Jail for Shoplifting in New Mexico?

In New Mexico, even petty shoplifting can result in jail time. Petty offenses may lead to six months in jail, misdemeanors to less than a year, and felony shoplifting could mean more than a year in prison, depending on the severity. 

Not all cases result in jail time, as outcomes depend on criminal history, value, restitution, evidence, witnesses, mitigation, and legal negotiations. Early legal help can provide more options to protect your case.

What Are the Various Degrees of Theft and Their Maximum Jail/Prison Sentences?

Your penalty will increase with the value of the stolen item:

• Misdemeanor petty theft: $250 or less; six months.
• Misdemeanor theft: $250.01 to $500; one year.
• Fourth-degree felony theft: $500.01 to $2,500; 18 months.
• Third-degree felony theft: $2,500.01 to $20,000; three years.
• Second-degree felony theft: Over $20,000; nine years.

Because small value differences can change the charge level and possible sentence, the alleged value should be reviewed carefully before you make any decisions about your case. 

Will I Have to Pay Restitution?

Yes, you probably will. If convicted a court may order criminal restitution to compensate the victim for losses. Separately, New Mexico law also allows retailers to pursue certain civil damages through a civil action. You may be liable for:

• The value of the stolen item, unless it was returned undamaged to its owner;
• The cost of bringing the civil lawsuit;
• Reasonable attorney’s fees related to the civil action; and
• Punitive damages in the civil suit of $100 to $250.

Restitution and civil liability can add real financial pressure to a theft case, so it is important to understand what you may owe before agreeing to any resolution. 

What Is the Fine for Shoplifting in New Mexico?

The fine depends on whether the charge is a petty misdemeanor, misdemeanor, or felony. Petty misdemeanors may have fines up to $500, misdemeanors up to $1,000, and felonies vary by degree and sentencing. There may also be court fees, restitution, probation costs, program fees, or civil demands from retailers. 

Before paying or pleading, consult a lawyer about criminal and financial consequences.

What Effect Will Prior Convictions Have on My Sentence?

If you have qualifying prior felony convictions, New Mexico law may increase your sentence. Depending on the number of prior felonies, the enhancement may add:

• One year to your sentence for a single prior felony;
• Four years to your sentence for two prior felonies; and
• Eight years to your sentence for three prior felonies.

Prior convictions can quickly change the risk level, so review your record, the age of prior cases, and whether the State can legally use them before sentencing. 

Can a Shoplifting Charge Be Expunged in New Mexico?

A shoplifting charge may be eligible for expungement in New Mexico, depending on the case outcome, charge level, history, and waiting periods. Dismissals differ from convictions, and petty misdemeanors differ from felonies. 

It’s better to seek record-protection options such as diversion, conditional discharge, or reduced charges before the case is completed. 

Should I Talk to the Police After My Arrest?

No. You have the “right to remain silent,” and you should exercise it. If the police ask you any questions, tell them you cannot answer any questions outside the presence of your shoplifting lawyer.  The police can use any voluntary statement you make against you in court.

Can I Win an Acquittal if the Police Failed to Read Me My Rights?

Maybe, but probably not. All this failure really means is that nothing you say to the police can be used against you until you are made aware of your right to remain silent. Prosecutors often win convictions without using this sort of evidence.

Can I Win a Dismissal if the Stolen Item Was Found on My Person During an Illegal Search?

It is likely that you can. If the search was illegal, the prosecution cannot use the fact of your possession of the item against you in court. A dismissal is likely, unless the prosecution has another way of proving you guilty.

Legal References Used to Inform This Page:

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• NMSA § 30-16-20, Shoplifting; Aggravated Shoplifting.
• Second Judicial District Attorney’s Office, Pre-Prosecution Diversion Program.
• NMSA § 30-16-21, Civil Liability of Adult Shoplifter; Penalty.
• NMSA § 30-16-1, Larceny.
• NMSA § 31-19-1, Sentencing Authority; Misdemeanors; Imprisonment and Fines; Probation.
• NMSA § 31-20-3, Order Deferring or Suspending Sentence.