Larceny Defense Attorneys in Albuquerque
Stealing is a crime. If you are caught stealing or accused of stealing, not only is it an embarrassment; it can have serious repercussions in your life. Whether the value of the items is large or small, stealing can get you into hot water, saddling you with a criminal record, fines, community service, and even potential jail time. Call an experienced Albuquerque, NM larceny defense lawyer if you or a family member have been accused or charged with shoplifting in New Mexico.
In New Mexico’s criminal statutes, “larceny” refers to crimes involving theft, and is defined as “the stealing of anything of value that belongs to another.” The term larceny is used when the theft of property was not achieved by means of force or intimidation (robbery) or by trespass/ breaking and entering (burglary). The thing stolen can be an object, merchandise, money, checkbook, credit card, service, meals, accommodations, or someone’s identity. Charges for theft are typically defined as either petty theft or grand theft, depending on the value of the property taken.
Acts that Constitute Larceny
These offenses are specified as larceny in New Mexico’s statutes:
- Intentionally receiving, retaining or disposing of stolen property knowing or believing that it has been stolen, except with the intention of returning it to the owner
- Falsely obtaining services, food, entertainment, or accommodations and deliberately skipping out on the check
- Identity theft, which is fraudulently using another person’s personal identifying information to open accounts, obtain credit, services, merchandise, or other things of value
- Credit card theft, or taking a credit card of another person without the cardholder’s knowledge or consent, intending to use it, sell it, or give it to someone else. Credit card theft is a fourth degree felony
- Renting or leasing a vehicle or other personal property by representing yourself as someone else or using another person’s driver’s license or other identifying information, and then failing to return it. Charges can range from a petty misdemeanor if the value of the property is $250 or less, up to a second degree felony if the value is $20,000 or more
- Shoplifting, which includes all of the following:
- Switching or altering price tags on merchandise so you pay less for an item
- Switching packaging; putting the item you want in the box of less expensive item
- Leaving a store wearing or carrying concealed, unpaid-for merchandise
- Eating food in a store and leaving without paying for it
Defenses to Larceny Charges
To avoid a conviction, the prosecution will have to prove beyond a reasonable doubt that you took and removed someone else’s property without their consent, and that it was your intention to permanently deprive the owner of their property.
Violations of your constitutional rights and proving that you could not have taken the property are among the first things your attorney will consider in developing a defense. Other possible defenses include showing that you believed that the property in question actually belonged to you, that you intended to return the property when you took it, that the owner of the property consented to your taking it, or that the taking of the property was done under duress.
Legal Help in Albuquerque to Defend Against Larceny Charges
Any criminal charge, including larceny, is likely to have an extremely disruptive effect on your life. It is essential that you hire a good criminal lawyer with experience and a solid reputation for handling theft crimes. You will find highly qualified legal representation for all criminal allegations from the Albuquerque defense attorneys at the New Mexico Criminal Law Offices. The firm has a long track record of favorable outcomes for thousands of clients who have been able to avoid jail time and many of the other obstacles to a productive life that often follow any criminal conviction.
Your lawyer in will work with you to establish a defense strategy that will result in the best possible resolution, giving the circumstances and the strength of the evidence against you. This could mean working with the prosecution to prevent filing of charges, having charges dropped, having charges reduced in a plea agreement, a deferred sentence arrangement, or in a few cases, going to trial.
For the best results, contact our lawyers immediately when you’ve been accused. Don’t speak to anyone until you call us, 505-200-2982.