A shoplifting accusation might feel minor at first, especially if the item was not expensive. In New Mexico, the value of the merchandise can quickly change the level of the charge. A case that starts as a store report or police citation could become more serious if prosecutors claim the retail amount crosses a higher legal threshold.
When does the offense become more serious?
State law treats shoplifting as intentionally taking merchandise, changing price tags or moving goods into another container to avoid paying the full price. The charge depends on the retail market value of the merchandise.
Shoplifting is generally a petty misdemeanor at $250 or less and a misdemeanor when the value is more than $250 but not more than $500.
Higher amounts could lead to these classifications:
- Fourth-degree felony: More than $500 but not more than $2,500
- Third-degree felony: More than $2,500 but not more than $20,000
- Second-degree felony: More than $20,000
These levels matter because New Mexico’s basic sentences are 18 months for a fourth-degree offense, three years for a third-degree offense and nine years for a second-degree offense. A court may also impose fines of up to $5,000 for a third- or fourth-degree felony and up to $10,000 for a second-degree felony.
How can multiple incidents increase the charge?
Prosecutors do not always look at one store visit alone. If someone is accused of shoplifting more than once within 90 days, the state can add together the retail market value of the merchandise.
That aggregation can turn several smaller accusations into a more serious case. Store records, receipts, scanner logs, surveillance video and police reports may matter when reviewing the state’s valuation.
Aggravated shoplifting involves unlawfully assaulting or striking another person with a deadly weapon immediately after the offense to keep the property or escape. The state treats this as a third-degree felony.
Why the details behind the charge matter
The case does not depend only on what store employees say happened. Closely reviewing the evidence and the timeline of events can help determine if the charges accurately match the facts of the case.