If you are concerned about potential embezzlement charges or have been arrested for embezzlement in New Mexico, you may have questions about the legal process, including the statute of limitations on embezzlement. Even if the incident occurred years ago, you may wonder how long the State can pursue charges against you.
If you are facing embezzlement charges, the statute of limitations can be a key defense. In New Mexico, the statute of limitations on embezzlement depends on the severity of the crime. Don’t wait. Contact New Mexico Criminal Law Offices now to speak with an attorney who can review your case and advise on a defense strategy tailored for you.
What Is a Statute of Limitations?
In New Mexico, the statute of limitations sets a firm deadline for prosecutors to file charges. Once this period expires, the State is legally barred from pursuing the case. This legal principle serves two key functions. It ensures that proceedings are based on timely and reliable evidence, and it provides individuals with finality by protecting them from the indefinite threat of prosecution for past events.
What Is the Statute of Limitations on Embezzlement?
In New Mexico, the statute of limitations for embezzlement varies based on the value of the property involved. Higher amounts allow the State more time to file charges.
The prosecution timelines are as follows:
- Petty misdemeanor. If the monetary value of the property involved amounts to $250 or less, the State has one year to file charges.
- Misdemeanor. If the monetary value of the property involved is over $250 but under $500, the State has two years to file charges.
- Fourth or third degree felony. If the monetary value of the property involved is over $500 but under $20,000, the State has five years to file charges.
- Second degree felony. If the monetary value of the property involved exceeds $20,000, the State has six years to file charges.
Crucially, the clock on this time limit typically starts running from the date the alleged embezzlement occurred. The statute of limitations can pause in certain situations, a process known as tolling. In New Mexico, the most common reason for tolling is if the accused leaves the state or goes into hiding. For instance, if you move to Texas or Arizona for several years, a judge may determine that period does not count toward the prosecution’s deadline.
How the 12-Month Aggregation Amendment of 2025 Changes the Prosecution Clock
The 2025 amendment to the New Mexico embezzlement statute has changed how financial crimes are prosecuted by shifting from a single-act model to a cumulative-impact model.
Previously, defendants could avoid felony charges by embezzling smaller amounts at a time that met only misdemeanor thresholds. Now, the State can aggregate all incidents of embezzlement against a single victim within a consecutive 12-month period. This total is then used to determine the penalty, closing the loophole that allowed serial offenders to escape more severe consequences.
This change has a significant effect on the embezzlement statute of limitations because New Mexico ties prosecution deadlines to the severity of the charge. By combining smaller embezzlement amounts into a single felony-level total, the State can elevate the crime’s classification, thereby extending the time prosecutors have to file charges. Since the statute of limitations usually starts when a crime is finished, prosecutors can also argue that the deadline for the year’s worth of aggregated activity begins on the date of the last embezzlement activity in that sequence.
What Is Embezzlement?
Under New Mexico law, embezzlement occurs when someone is entrusted to manage or hold money or property for someone else but instead keeps it for themselves.
To secure a conviction against you for embezzlement, the State must prove several elements beyond a reasonable doubt:
- First, the prosecution must show the property belonged to someone other than you.
- Second, it must prove you were entrusted with the property because of a specific relationship, such as employment, agency, or a contract.
- Third, the State must show you converted the property, meaning you used it in a way that was inconsistent with its intended purpose.
- Finally, the State must prove you acted with intent to deprive the owner of the property at the time of conversion.
Your attorney can work to avoid a conviction by undermining the State’s evidence on any of these points.
Why Legal Representation Is Important
While your first instinct when facing potential embezzlement allegations might be to remain quiet and hope the situation fades, this approach carries significant risks. In New Mexico, the statute of limitations is considered an affirmative defense, meaning it is not a protection that the court will apply automatically. If the State files charges after the legal deadline has passed, the burden falls on the defendant and their legal counsel to formally raise this issue before a judge and provide the necessary evidence to prove the time has expired. Without an attorney to assert this right, a defendant could inadvertently stand trial for a crime that should have been legally dismissed.
How We Help Protect Your Future
If you are facing potential embezzlement charges and are wondering about the statute of limitations for embezzlement, contact New Mexico Criminal Law Offices. Our attorneys can help you build your defense. We understand that financial allegations can arise from misunderstandings, accounting errors, or brief lapses in judgment, and we believe these situations should not define your future. Our attorneys use decades of experience in New Mexico law to challenge the prosecution’s case and deliver a defense tailored to your specific situation.
Our approach relies on thorough investigation and a strong understanding of the recent statutory changes. We review every financial transaction and date to determine if the State has exceeded the statute of limitations or misapplied the new aggregation rules. We work to protect you from aggressive prosecution, manage all communications with investigators, and help safeguard your reputation and freedom.
Do not wait for an unexpected visit from the police to take action. Contact New Mexico Criminal Law Offices today for a confidential consultation to determine if the statute of limitations applies to your case and to begin building your defense.
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:
- Time limitations for commencing prosecution, N.M. Stat. § 30-1-8 (2025), link.
- Tolling of time limitation for prosecution for crimes, N.M. Stat. § 30-1-9 (2025), link.
- Determination of Embezzlement Penalty, S.B. 155, 57th Leg., 1st Reg. Sess. (2025), link.
- Embezzlement, N.M. Stat. § 30-16-8 (2025), link.