Facing embezzlement charges in New Mexico can feel overwhelming, confusing, and frightening. You want straightforward answers about how the law works, embezzlement punishment, and what could happen to you or someone you care about.
If you’re wondering, What is the punishment for embezzlement in New Mexico? you are not alone. Understanding the potential consequences is the first step toward protecting your rights.
In this guide, we explain the potential legal penalties and factors that affect embezzlement punishment. We will also discuss why it’s essential to have experienced legal help if you’re facing these serious allegations.
What Is Embezzlement in New Mexico?
Embezzlement occurs when someone entrusted with property or money takes it for their own use without permission. Under New Mexico law, this crime falls within the broader category of theft.
State law defines theft as knowingly taking property belonging to another with the intent to permanently deprive the owner of it. Embezzlement is a form of theft when the property was entrusted to you because of your job or position, and you deprived the owner of the property with fraudulent intent.
How Are Embezzlement Charges Classified?
In New Mexico, embezzlement charges depend on the value of the property or money taken. The higher the value, the more serious the offense.
Below is an overview of how state law classifies embezzlement. If the value of the thing embezzled or converted is:
- Less than $250—petty misdemeanor;
- $250 to less than $500—misdemeanor;
- $500 to less than $2,500—fourth-degree felony;
- $2,500 to less than $20,000—third-degree felony; and
- $20,000 or more—second-degree felony.
Each level has a different range of possible punishments.
What Is the Punishment for Embezzlement in New Mexico?
The punishment increases with the value of the property taken. New Mexico’s embezzlement sentencing penalties come from these general sentencing statutes:
- Section 31-19-1 sets maximum jail time and fines for misdemeanors and petty misdemeanors; and
- Section 31-18-15 sets basic prison sentences and fines for felonies.
Maximum penalties may include:
- Petty misdemeanor (less than $250)—Up to 6 months in jail and a fine up to $500;
- Misdemeanor ($250–$499)—Up to 364 days in jail and a fine up to $1,000;
- Fourth-degree felony ($500–$2,499)—18 months in prison and a fine up to $5,000;
- Third-degree felony ($2,500–$19,999)—3 years in prison and a fine up to $5,000; and
- Second-degree felony ($20,000 or more)—9 years in prison and a fine up to $10,000.
These are potential penalties. A judge decides the exact embezzlement sentence based on the facts of your case and any mitigating factors.
An embezzlement conviction can seriously affect your job, ability to pass a background check, and financial stability. That is why it is important to take these charges seriously and get legal help as early as possible.
What Happens with First-Time Embezzlement Charges?
If you are facing first-time embezzlement charges, you might be hoping for a less harsh outcome.
Judges often consider your criminal history when deciding punishment. However, there is no automatic “get out of jail free” rule for first-time offenders. Even if this is your first charge, you can still face an embezzlement sentence that includes:
- Prison time or jail time, depending on value;
- Probation and financial penalties; and
- A criminal record that can affect employment, housing, and professional licenses.
However, strong legal representation can make a significant difference. An experienced attorney knows how to present your situation in a way that highlights mitigating factors, such as:
- Your lack of criminal history;
- Evidence of honest mistakes or misunderstanding;
- Your willingness to make restitution; and
- Your community ties and character.
A defense attorney can also look for weaknesses in the State’s evidence and work to reduce the charges or limit the long-term damage to your life.
Factors Affecting Punishment in Embezzlement Cases
Your sentence for embezzlement depends on more than just the dollar value. Judges look at several factors when deciding punishment, including:
- Whether you have prior convictions;
- Whether you have already paid back the money or property;
- Whether the embezzled funds came from a vulnerable victim;
- Your behavior while charges were pending; and
- Whether you accepted responsibility early in the process.
These factors can influence whether you receive a harsher penalty, a reduced sentence, or alternatives such as probation.
What Happens When You’re Arrested for Embezzlement
A general understanding of what happens after being arrested for embezzlement can reduce anxiety and help you prepare.
After you are arrested or charged with embezzlement, you can expect the following:
- You will be arraigned and formally informed of the charges;
- Your attorney can enter a plea on your behalf;
- Discovery begins, where both sides exchange information;
- Your attorney may negotiate with the prosecutor for reduced charges or a plea agreement;
- If your case goes to trial, a judge or jury decides guilt; and
- If convicted, a judge sentences you based on state guidelines and case specifics.
An attorney guides you at every step to protect your rights and advocate for the best possible result.
New Mexico Criminal Law Offices Can Help
If you or a loved one is facing embezzlement allegations or has questions about embezzlement punishment in New Mexico, don’t wait. Embezzlement charges can be frightening. But you do not have to navigate the system alone. The stakes are high. Your freedom, reputation, finances, and future all hang in the balance.
At New Mexico Criminal Law Offices, we have been fighting to protect clients’ rights and freedoms throughout New Mexico since 1997. Our team of experienced criminal defense attorneys approaches every case with strategic advocacy and compassionate support.
We know how to investigate embezzlement cases, challenge evidence, and negotiate with prosecutors. As a small firm, our experienced attorneys can stand with you through every stage of the process. They work tirelessly to achieve the best possible outcome for your situation.
Contact New Mexico Criminal Law Offices for an initial consultation. Our team will listen to your story, explain your options, and help you understand what you are up against. We are here to protect your rights and fight for your future.
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:
- N.M. Stat. Ann. § 30-16-8 Embezzlement (1978), link.
- N.M. Stat. Ann. § 31-19-1 Sentencing Authority[;] Misdemeanors; Imprisonment and Fines; Probation (1978), link.
- N.M. Stat. Ann. § 31-18-15 Sentencing Authority; Noncapital Felonies; Basic Sentences and Fines; Parole Authority; Meritorious Deductions (1978), link.