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What are the elements of the crime of theft?

Under the first paragraph of Article 308 the essential elements of theft are (1) the taking of personal property; (2) the property belongs to another; (3) the taking away was done with intent of gain; (4) the taking away was done without the consent of the owner; and (5) the taking away is accomplished without violence

What can happen to you if you get caught shoplifting?

Ultimately, a person caught shoplifting may be arrested and put on trial. A shoplifting conviction will result in a criminal record and a sentence. A police caution may be given as an alternative to prosecution. If accepted, this caution still comes with a criminal record.

What is a felony in NM?

Under NMSA 30-1-6, a felony in New Mexico is a crime classification if the judge is authorized to sentence lifetime of imprisonment or a prison term of one (1) year or more. A felony conviction carries severe penalties and can negatively impact the rest of your life.

What classifies as a theft?

Primary tabs. Theft is the taking of another persons personal property with the intent of depriving that person of the use of their property. Also referred to as larceny. Theft is often divided into grand theft and petty theft.

How much money stolen is considered a felony in New Mexico?

Stolen property or services valued at more than $20,000 results in a second-degree felony. A guilty person is subject to up to nine years in prison and a $10,000 fine. (N.M. Stat.

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