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§ 30-15-1 NMSAFourth Degree Felony Property

Criminal Damage To Property >$1000 H.h. Member

Legal Definition

A person commits criminal damage to property when they intentionally damage any real or personal property of another without the owner's consent. The offense becomes a household-member variant when the property belongs to a current or former household member, as defined by New Mexico's Family Violence Protection Act. The damage must exceed $1,000 in value.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole follows release. Because this offense involves a household member, the court may impose additional conditions related to domestic violence intervention or protective orders.

Local Context

The household-member designation triggers enhanced domestic-violence procedures under § 30-15-1.1 NMSA and may affect bail, pretrial release conditions, and sentencing. Criminal damage to property is ordinarily a misdemeanor when the damage is $1,000 or less, and a fourth-degree felony when it exceeds $1,000. 'Household member' includes spouses, former spouses, parents, present or former stepparents, present or former in-laws, co-parents of a child, or persons who have been in a continuing personal relationship.

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 (4)

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.