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§ 30-16-8 NMSAFourth Degree Felony Property

Embezzlement $2500 To $20000

Legal Definition

A person commits embezzlement when they fraudulently appropriate property of another that has been entrusted to their care, custody, or control with the intent to deprive the owner of the property. The offense involves a breach of trust or fiduciary duty, distinguishing it from theft by taking. The value of the embezzled property determines the degree of the offense.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory period of parole applies. Restitution to the victim is typically ordered as part of sentencing.

Local Context

Embezzlement is graded by the value of property taken. Property valued at $2,500 to $20,000 constitutes a fourth degree felony. Amounts under $2,500 are typically charged as a misdemeanor; amounts over $20,000 escalate to a third degree felony. The statute applies to employees, agents, trustees, and others in positions of trust who convert entrusted funds or property to their own use.

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

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.