Felony Theft Amount and Penalties in New Mexico

Theft (called larceny in New Mexico) becomes a felony when the value of the property stolen is over five hundred dollars ($500). The tiers are: $250 or less — petty misdemeanor; over $250 but not more than $500 — misdemeanor; over $500 but not more than $2,500 — fourth degree felony; over $2,500 but not more than $20,000 — third degree felony; over $20,000 — second degree felony. Stealing livestock is a third degree felony regardless of value, and stealing a firearm is a fourth degree felony when its value is less than $2,500.

New Mexico grades noncapital felonies by degree (first through fourth), each with a set 'basic sentence' of imprisonment and a maximum fine. First degree felony: eighteen years imprisonment, fine not to exceed fifteen thousand dollars ($15,000). Second degree felony: nine years imprisonment, fine not to exceed ten thousand dollars ($10,000). Third degree felony: three years imprisonment, fine not to exceed five thousand dollars ($5,000). Fourth degree felony: eighteen months imprisonment, fine not to exceed five thousand dollars ($5,000). Special categories carry different basic sentences: life imprisonment for a first degree felony resulting in the death of a child or for aggravated criminal sexual penetration; eighteen years for a second degree felony resulting in the death of a human being; fifteen years for a second degree felony for a sexual offense against a child; twelve years for a second degree felony for sexual exploitation of children; six years for a third degree felony resulting in the death of a human being or for a sexual offense against a child; eleven years for a third degree felony for sexual exploitation of children; and ten years for a fourth degree felony for sexual exploitation of children. The court may alter the basic sentence under the Criminal Sentencing Act.

New Mexico has two lower grades of crime: misdemeanors and petty misdemeanors. Misdemeanor: imprisonment in the county jail for a definite term less than one year, or a fine of not more than one thousand dollars ($1,000), or both, in the judge's discretion. Petty misdemeanor: imprisonment in the county jail for a definite term not to exceed six months, or a fine of not more than five hundred dollars ($500), or both. When a sentence is deferred or suspended, the court places the defendant on supervised or unsupervised probation.