Albuquerque & Santa Fe · Criminal Defense, DWI & Injury En Español (505) 247-1973

Updated July 2026

The Short Version

In New Mexico, theft crimes are graded by the value of what was taken. A low-value shoplifting case may be a petty misdemeanor, while high-value larceny, embezzlement, or fraud can be a serious felony. The dividing lines are set by dollar amounts, so the number the State puts on the property can change everything. Call (505) 247-1973 for a free, honest read on your case.

A theft charge carries a special sting, because it suggests you are dishonest. That label can cost you jobs and trust long after the case is over. But these charges are often more defensible than they look, and the value the State claims is frequently open to challenge. Where your case lands on the value ladder can be the difference between a misdemeanor and a felony.

How the Dollar Value Sets the Charge

New Mexico uses the same value ladder for larceny, shoplifting, embezzlement, fraud, and receiving stolen property. The higher the value, the more serious the charge:

New Mexico theft charges by value of property (NMSA 30-16-1, 30-16-20, 30-16-8)
Value of propertyChargeWhat the law allows
$250 or lessPetty misdemeanorUp to 6 months in county jail, fine up to $500
Over $250 up to $500MisdemeanorUp to 364 days in county jail, fine up to $1,000
Over $500 up to $2,500Fourth-degree felonyBasic sentence 18 months in prison, fine up to $5,000
Over $2,500 up to $20,000Third-degree felonyBasic sentence 3 years in prison, fine up to $5,000
Over $20,000Second-degree felonyBasic sentence 9 years in prison, fine up to $10,000

The jail and fine figures come from New Mexico’s sentencing statutes, NMSA 31-18-15 for felonies and NMSA 31-19-1 for misdemeanors. The felony numbers are basic sentences, which a judge may raise or lower for aggravating or mitigating facts, and repeat-offender enhancements can add time on top. For how the degrees work across all offenses, see New Mexico felony charges.

Because the thresholds are exact, the value assigned to the property is often the most important fact in the case, and it is not always right.

Is This You?

Maybe store security stopped you and now you have a shoplifting charge for something small. Maybe a workplace dispute turned into an embezzlement accusation. Maybe you are being blamed for something a family member or roommate did. You are worried less about jail and more about the word thief following you into every job interview.

Mr. Nieto understands that fear, and he knows these cases often have two sides. What looks like theft can be a misunderstanding, a billing dispute, or a case of mistaken identity.

Talk to Mr. Nieto. The first call is free, and he answers it himself.

Call (505) 247-1973

Common Property Charges in New Mexico

  • Larceny — taking someone else’s property.
  • Shoplifting — taking merchandise from a store, graded on the same value ladder.
  • Embezzlement — taking property that was entrusted to you, common in workplace cases.
  • Fraud and forgery — obtaining property by deception or false writing.
  • Receiving stolen property — possessing property you knew or should have known was stolen.

Each has its own statute — larceny at NMSA 30-16-1, shoplifting at NMSA 30-16-20, embezzlement at NMSA 30-16-8, fraud at NMSA 30-16-6, and receiving stolen property at NMSA 30-16-11 — but all five are graded on the value ladder above.

Shoplifting Charges in New Mexico

Shoplifting has its own statute, NMSA 30-16-20, and is graded on the same value ladder as larceny. Two things about it surprise people: the State can add separate incidents together, and there are two more serious offenses sitting above ordinary shoplifting.

Separate trips can be added together

Under a 2023 change to NMSA 30-16-20, when a person has shoplifted more than once over a ninety-day period, the prosecution may charge a single offense based on the aggregated retail market value of the merchandise. The incidents do not have to be at the same store or the same retailer. That means several low-value trips can be charged as one felony-value case even though no single incident would have reached the felony threshold on its own.

Aggravated shoplifting

Aggravated shoplifting is a separate offense under NMSA 30-16-20. It applies when a person unlawfully assaults or strikes at another with a deadly weapon while shoplifting, while seeking to retain the merchandise, or while avoiding apprehension. It is a third-degree felony no matter what the merchandise was worth.

Organized retail crime

New Mexico created organized retail crime as its own offense in 2023 at NMSA 30-16-20.1. It covers acting together with one or more other people to take merchandise with an aggregated retail market value of $2,500 or more from one or more retailers over the span of a year, with the intent to sell, exchange, or return it, and it also reaches knowingly receiving or possessing that merchandise. It is a second-degree felony.

There is a civil side as well. Under NMSA 30-16-21, an adult convicted of shoplifting can be sued by the retailer for the retail value of merchandise that was not recovered undamaged, plus damages of not less than $100 and not more than $250, the costs of the suit, and reasonable attorney fees. That is separate from anything the criminal court orders.

Petty Larceny and Property That Comes Off the Ladder

People often call a small theft case “petty larceny.” New Mexico’s statute does not use that phrase, but the idea behind it is real: under NMSA 30-16-1, larceny of property worth $250 or less is a petty misdemeanor, the lowest grade of criminal offense in the state.

Two kinds of property are graded by what they are rather than what they are worth:

  • Firearms. Larceny of a firearm is a fourth-degree felony when its value is less than $2,500 — a felony at values that would otherwise be a misdemeanor or a petty misdemeanor.
  • Livestock. Larceny of livestock is a third-degree felony regardless of its value.

What Happens Next

  1. Charge. Lower-value cases run through Metro or Magistrate Court; felony-value cases move to District Court.
  2. Discovery. Mr. Nieto reviews the reports, surveillance video, receipts, and any valuation the State is relying on.
  3. Challenging the value. If the claimed value is inflated, Mr. Nieto pushes to move the case down the ladder, sometimes from felony to misdemeanor.
  4. Resolution. Many theft cases resolve through restitution, diversion, or a plea that avoids a conviction, and Mr. Nieto is ready for trial when needed.

How Mr. Nieto Defends Theft and Property Cases

Mr. Nieto starts by testing the two things the State must prove: that you actually took the property and that it is worth what they say. He challenges shaky valuations, questions intent when the story sounds more like a mistake than a crime, and attacks weak identifications from grainy video. Where a first mistake is the real story, he pushes for diversion or a conditional discharge. If the case has grown into a felony, he handles that too.

General Information, Not Legal Advice

This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. To discuss your situation, contact The Nieto Law Office.

Related Pages

Why Mr. Nieto

The Lawyer Who Has Actually Been There

Art Nieto has personally tried cases from DWI to first-degree murder in nearly every judicial district in New Mexico. He started as a public defender, never a prosecutor, has been licensed to practice law in New Mexico since 2000, and has run his own firm since 2003. When you call, you work with Art himself.

25+Years in New Mexico courtrooms
~100Jury & bench trials
1Lawyer on your case, start to finish
2Offices: Albuquerque & Santa Fe

Common Questions

How does New Mexico decide if theft is a felony or a misdemeanor?

It is based on the value of the property. Theft of $250 or less is a petty misdemeanor, over $250 up to $500 is a misdemeanor, over $500 up to $2,500 is a fourth-degree felony, over $2,500 up to $20,000 is a third-degree felony, and over $20,000 is a second-degree felony. The claimed value can often be challenged.

Is shoplifting a serious charge?

It can be. Shoplifting uses the same value ladder as larceny, so a low-value case is a petty misdemeanor, but higher-value merchandise can make it a felony. Even a small shoplifting conviction can hurt job prospects because it signals dishonesty, which is why it is worth trying to keep it off your record.

Can the value of the property be challenged?

Yes, and it often should be. The dollar value sets the entire charge, and stores or accusers sometimes inflate it. If Mr. Nieto can show the true value is lower, the charge can drop down the ladder, sometimes turning a felony into a misdemeanor. That single fact can change the whole case.

What is embezzlement?

Embezzlement is taking property that was lawfully entrusted to you, such as money you handled at work. It is charged on the same value ladder as other theft crimes. These cases often involve accounting disputes or misunderstandings, and the question of intent is frequently where the real defense lies.

Can a theft charge be expunged later?

Often, yes. Many theft convictions can be expunged in New Mexico after a waiting period, although embezzlement convictions are excluded by the statute, and first-time cases can sometimes be kept off your record entirely through diversion or a conditional discharge. Mr. Nieto can explain both the defense of your current case and your options for clearing your record down the road.

Can several shoplifting incidents be charged as one case in New Mexico?

Yes. Under NMSA 30-16-20, when a person has shoplifted more than once within a ninety-day period, the prosecution may charge a single offense based on the aggregated retail market value of the merchandise, even across different retailers. Several low-value trips can add up to a felony-level charge that no single incident would have reached.

What is aggravated shoplifting?

Aggravated shoplifting is a separate offense under NMSA 30-16-20. It applies when a person unlawfully assaults or strikes at another with a deadly weapon while shoplifting, while seeking to retain the merchandise, or while avoiding apprehension. It is a third-degree felony regardless of the value of the merchandise.

What is organized retail crime in New Mexico?

Organized retail crime was added at NMSA 30-16-20.1 in 2023. It covers acting together with one or more other people to take merchandise with an aggregated retail market value of $2,500 or more from one or more retailers over the span of a year, intending to sell, exchange, or return it. It is a second-degree felony.

Is petty larceny a crime in New Mexico?

New Mexico's statute does not use the phrase petty larceny, but larceny of property worth $250 or less is a petty misdemeanor under NMSA 30-16-1. Under NMSA 31-19-1, a petty misdemeanor carries up to six months in county jail, a fine of up to $500, or both.

What does a fourth-degree felony theft charge carry?

Theft of property worth more than $500 but not more than $2,500 is a fourth-degree felony. Under NMSA 31-18-15 the basic sentence is eighteen months in prison and the maximum fine is $5,000. A judge can raise or lower that basic sentence for aggravating or mitigating facts.

Tell Mr. Nieto What Happened

The consultation is free, and Mr. Nieto answers your questions himself. No pressure, no obligation — just a straight read on where you stand.