New Mexico Theft / Larceny Penalties (2026)

Theft, larceny, and shoplifting charges charges in New Mexico: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing theft / larceny charges in New Mexico, consult a licensed New Mexico criminal defense attorney.

New Mexico Theft / Larceny Penalties

ClassificationDetails
Misdemeanor ThresholdUnder $500
Felony Threshold$500+ or more
Minimum SentenceUp to 1 year
Maximum SentenceUp to 18 years (1st degree felony)

New Mexico theft classified by value

Theft / Larceny Statute of Limitations in New Mexico

In New Mexico, the statute of limitations for theft and property crimes is generally 5 years.

See all New Mexico statutes of limitations →

Defending Against Theft / Larceny Charges in New Mexico

Common defenses in New Mexico theft / larceny cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New Mexico criminal defense attorney for advice.

Related New Mexico Laws