You never thought you’d be accused of embezzlement. Maybe it started with a quiet meeting in the office, a spreadsheet flagged by your supervisor, or a call from law enforcement you didn’t expect. Now you’re facing serious criminal charges, wondering how to get out of embezzlement charges and protect your job, reputation, and freedom before it’s too late.
We understand that this is unfamiliar territory that can be immensely intimidating. It is challenging, but try to remain calm. You are only charged, and it’s important to understand that getting charged with a crime is not the same as being convicted. However, to get the best chance of a good outcome, it is important to address this situation proactively. What you do next could have a significant impact on the outcome of your case.
This guide explains how to get out of embezzlement charges in New Mexico, the defenses that may apply to your case, and how a skilled legal advocate can help protect your freedom, future, and your good name.
What Does New Mexico Consider Embezzlement?
Embezzlement is a form of theft, but not the kind that involves breaking into someone’s house or snatching a wallet. Under New Mexico law, embezzlement occurs when a person “embezzles or converts to his own use anything of value, with which he has been entrusted.” In other words, embezzlement happens when someone who lawfully possesses money or property (usually as part of their job) illegally takes it for personal use.
Embezzlement is frequently seen in white-collar settings, such as businesses, accounting firms, or caregiving roles, and applies whether you are a public officer, a company employee, or a private individual in a position of trust.
Penalties for Embezzlement
Embezzlement charges range from misdemeanors to serious felonies, depending on the amount of money or value of the property involved:
- Value of $250 or less—petty misdemeanor with up to 6 months in jail;
- Value of $250 to $500—misdemeanor resulting in up to 1 year in jail;
- Value of $500 to $2,500—fourth-degree felony punishable by up to 18 months in prison;
- Value of $2,500 to $20,000—third-degree felony leading to up to 3 years in prison; and
- Worth more than $20,000—second-degree felony resulting in up to 9 years in prison.
A conviction may result in prison time and fines, loss of employment, damaged professional standing, and the inability to work in fiduciary roles.
As of July 1, 2025, an important amendment to this law now allows the prosecutor to aggregate multiple acts of embezzlement committed within 12 months against the same victim to determine the total value and corresponding penalty. This means you can be charged based on the total amount taken within a 12-month window if the property belonged to the same person or business.
How to Fight Embezzlement Charges in New Mexico
When you’re wondering how to get out of embezzlement charges, the answer often lies in the details of the case. The State must prove every element of these charges, including your alleged intent, beyond a reasonable doubt. Every embezzlement case differs, but many involve the same core legal concepts. Your lawyer will assess whether the following defenses apply:
- Lack of intent. Embezzlement requires that you intentionally stole or misappropriated funds. If the action was a mistake, misunderstanding, or the result of poor recordkeeping, then it could be unintentional theft, which does not meet the legal definition of embezzlement.
- Mistake of fact. You may not have committed a crime if you reasonably believed the property was yours or that you were allowed to use the funds.
- Authorization to use funds. In some jobs, the lines between business and personal use are blurry. If your employer gave you or implied permission through policy, you might have a valid defense.
- Insufficient evidence. The prosecution must prove every element of the charge. If the paper trail is unclear, documents are missing, or the math doesn’t add up, your attorney can argue that the evidence is not strong enough to convict.
- Accounting errors. Clerical mistakes, miscommunications, and unclear expense policies are common in businesses. These errors might look suspicious, but don’t always prove criminal conduct.
- Duress or coercion. If someone forced or threatened you into transferring money or property, that pressure could legally excuse your actions under certain conditions.
- Entrapment by law enforcement. If law enforcement induced you into committing a crime that you have no propensity to commit, you may have a valid entrapment defense.
These strategies often lead to dismissal, reduced charges, or a favorable plea agreement. An experienced embezzlement defense attorney can help evaluate the facts, identify the best strategy, and challenge the accusations on multiple fronts.
What Should You Do Right Now to Protect Yourself?
You might think this is just a misunderstanding that can be cleared up with an explanation. But white-collar crimes like embezzlement are aggressively prosecuted, and trying to talk your way out of it can backfire badly.
Do not speak with your employer, coworkers, or investigators about the case. This is the time to work with a seasoned lawyer for embezzlement to help you:
- Evaluate the strength of the evidence;
- Protect your rights during investigations;
- Present facts in the light most favorable to you;
- Challenge false assumptions, exaggerated claims, or accounting errors; and
- Negotiate with prosecutors for case dismissal or reduced charges.
Most importantly, they are your advocate from day one, handling communication, guiding strategy, and positioning you for the best possible outcome.
Why Should You Work with Our Embezzlement Defense Attorney Team
At New Mexico Criminal Law Offices, we bring decades of experience fighting serious charges, especially those involving white-collar crimes. Our defense strategies are assertive, based on facts, and aimed at exploiting the prosecution’s vulnerabilities.
We’ve represented business owners, employees, and public servants accused of complex financial crimes. We know how New Mexico prosecutors handle these cases and how to push back. From day one, we’ll work to protect your career, your record, and your reputation.
Whether you’re under investigation or already charged, don’t wait. The sooner you act, the more options you may have.
Being accused of embezzlement doesn’t mean you’re guilty. Take control of your future and protect your reputation with a strong legal defense. Our team is prepared to assess your situation, clarify your choices, and develop a personalized strategy.
Don’t let confusion, silence, or fear lead to conviction. Stand strong with experienced representation.
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