Theft
Legal Definition
A person commits theft when they knowingly obtain or exercise unauthorized control over another's property with the intent to deprive the owner of that property. Theft includes taking property by deception, threat, or without consent. The offense encompasses shoplifting, embezzlement, receiving stolen property, and other forms of unlawful appropriation.
Possible Punishment
The penalty depends on the value of the property stolen. For property valued under $250, theft is a petty misdemeanor punishable by up to 6 months in county jail and a fine up to $500. For property valued between $250 and $500, it is a misdemeanor punishable by up to 364 days in county jail and a fine up to $1,000. For property valued between $500 and $2,500, it is a fourth degree felony with a basic sentence of 18 months imprisonment and a fine up to $5,000. For property valued between $2,500 and $20,000, it is a third degree felony with a basic sentence of 3 years imprisonment and a fine up to $5,000. For property valued at $20,000 or more, it is a second degree felony with a basic sentence of 9 years imprisonment and a fine up to $12,500.
Local Context
The classification escalates based on the aggregate value of property taken within a 90-day period. Theft of a firearm, regardless of value, is a fourth degree felony. Theft of livestock or certain agricultural products may carry enhanced penalties under separate provisions.
Property-Crime Cases in Doña Ana County
Property charges in New Mexico scale with dollar value and circumstances. The same shoplifting conduct can be a petty misdemeanor or a felony depending on the value of what was taken, and burglary escalates sharply when the structure is a home or someone is inside. That is why our charge database lists several versions of larceny and burglary with different classifications.
Property cases also drive a large share of repeat bookings: failure to appear on an older larceny case frequently brings someone back into the detention center on a bench warrant alongside any new charge.
Related Guides
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Bench Warrants and Failure to Appear in New Mexico: How a Missed Court Date Becomes a Booking
What a bench warrant is, how it differs from an arrest warrant, why FTA bookings fill the Doña Ana County jail log, and how to clear a warrant before arrest.
Recent Arrests for This Charge (1)
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.