Misdemeanor Guide

New Mexico Misdemeanors

New Mexico Larceny Misdemeanors
In the state of New Mexico misdemeanors come in all shapes and sizes. Many of these misdemeanors consist of theft cases. As many of these cases deal with money and property, the higher the amount stolen, the more severe the punishment becomes. A charge can escalade from a petty misdemeanor to a high degree felony with the increase of money. Larceny is the theft of anything valuable that belongs to another person. The theft of property with the value of more than two hundred fifty dollars or less is to be charged with a petty misdemeanor. The theft of more than two hundred fifty dollars but less than five hundred dollars is to be charged with a misdemeanor. Larceny with the property value between five hundred dollars and twenty-five hundred dollars is punishable by a fourth degree felony. Anything between twenty-five hundred dollars and twenty thousand dollars is a third degree felony. After these amounts, any larceny of over twenty thousand dollars is to be punished as a second degree felony.

New Mexico Shoplifting Misdemeanors
Shoplifting in the state of New Mexico constitute either willfully possessing merchandise with the intent to convert it without payment; willfully concealing merchandise with the intent to convert it without payment; willfully altering a label, price tag, or the marketing of merchandise with the intent to obstruct the value of an object; or willfully transferring merchandise from a container to another with the intent to obstruct value. Like larceny, shoplifting charges depend on the amount of money obstructed. Shoplifting of less than two hundred fifty dollars is sited as a petty misdemeanor. The shoplifting of items adding up between two hundred fifty dollars and five hundred dollars is classified as a misdemeanor.

Between five hundred dollars and twenty-five hundred dollars of shoplifting then advances to a fourth degree felony. A third degree felony constitutes shoplifting between twenty-five hundred dollars and twenty thousand dollars. Any shoplifting adding up to more than twenty thousand dollars is classified as a second degree felony. Repercussions for shoplifting include fines and payment of damages.

Other Misdemeanors
Other New Mexico misdemeanors include simple assault and battery, theft, trespassing, vandalism, prostitution, and related offenses. These kinds of crimes are classified into degrees of severity that begin at petty misdemeanors for which are punishable by fines and move up to capital offenses for which are punishable by life in prison. Jail sentences and fines can both be given for misdemeanor offenses.

New Mexico Expungement

Expungement is the legal erasure of criminal records. It can help those deserving individuals have futures free of past records. Only a few are eligible to apply for expungement. These individuals include those who were arrested for misdemeanors or petty misdemeanors where a final disposition cannot be located; first-time drug offenders not over the age of eighteen who were charged with probation and later discharged; convicted through DNA samples where charges were reversed; and subject of petition under the Childrens' Code where two years have elapsed since release. Those eligible must petition the court in which they were convicted. Expungement can be granted if the determining judge finds the petition to be in favor of the court.

See also:
New Mexico Felony External link (opens in new window)
New Mexico Expungement External link (opens in new window)
New Mexico Gun Laws External link (opens in new window)