What Does Larceny Mean?
Larceny often brings to mind images of shadowy figures snatching purses or pilfering wallets. But what does larceny mean? Larceny is simply a type of theft. Like other states, New Mexico has expanded on what qualifies under this offense.
Below, we discuss larceny from its legal definition to how New Mexico categorizes the offense and its penalties.
What Is the Definition of Larceny?
Larceny is the act of wrongfully taking someone’s personal property to deny them access to or use of it permanently. But what is the definition of larceny? Unlike robbery, which involves force or intimidation, larceny is typically a non-violent crime.
It’s a crime against property, not a person. This means that even if you borrow something with the intention of returning it later but then change your mind, you could be facing larceny charges.
What Does Larceny Mean in Law?
In legal terms, larceny has four elements that must be proven for a conviction. So, what does larceny mean in law? If the State is trying to prosecute you for larceny, they must show the following:
- Unlawful taking—you took the property without the owner’s consent;
- Carrying away—you moved the property, even if only slightly;
- Personal property—what you took was tangible personal property; and
- Intent to deprive—you had the intent to deprive the owner of the property permanently.
These elements help to clarify larceny’s definition and distinguish it from other types of theft.
Larceny in New Mexico
Larceny in New Mexico is defined as stealing anything of value that belongs to another. The state classifies larceny based on the value of the stolen property.
- Petty misdemeanor—the state’s least severe larceny offense involves the theft of property valued at $250 or less;
- Misdemeanor—theft of property valued between $251 and $500;
- Fourth-degree felony—property theft valued between $501 and $2,500, including firearms valued under $2,500;
- Third-degree felony—theft of property valued between $2,501 and $20,000 or the theft of livestock regardless of value; and
- Second-degree felony—theft of property valued at $20,000 or more.
You might have also heard the term “grand larceny”. If so, you might wonder, What does grand larceny mean? Typically, this crime involves the theft of property valued above a certain threshold, usually over $500. However, in contrast to many states, New Mexico does not have specific statutes for grand larceny. Instead, the state uses the tiered system outlined above, where different levels of theft are based on property value.
If you’re facing larceny charges, it’s crucial to consult with experienced larceny criminal defense lawyers who can help you navigate these classifications and work toward the best possible outcome.
Penalties for Larceny in New Mexico
The severity of the punishment for larceny in New Mexico is directly tied to the value of the stolen property.
- Petty misdemeanor—punishable by up to 6 months in jail and a fine of up to $500;
- Misdemeanor—jail sentence of up to a year and a maximum fine of $1,000;
- Fourth-degree felony—punishable by up to 18 months in prison and a fine of up to $5,000;
- Third-degree felony—a maximum prison sentence of 3 years and a fine of up to $5,000; or
- Second-degree felony—this is the harshest charge, carrying a maximum sentence of 9 years in prison and a fine of up to $10,000.
These are the maximum penalties. The judge may consider your prior criminal history, the specific circumstances of the offense, and any aggravating or mitigating circumstances when determining the sentence.
Have Questions About a Larceny Charge in New Mexico?
Being accused of larceny can be daunting, and a conviction can have significant and lasting repercussions. Our experienced attorneys at New Mexico Criminal Law Offices have a successful track record in defending clients against larceny and related charges.
We will work tirelessly to achieve your best possible outcome. Contact us today for a free consultation.