The Crime of Receiving Stolen Property in New Mexico: An Overview

The Crime of Receiving Stolen Property in New Mexico: An Overview

Receiving stolen property is a big problem here in New Mexico. Lots of folks don’t realize that even if you didn’t steal something yourself, you can still get in trouble for having it. Let’s take a look at what exactly this crime is, what the law says ’bout it, and what can happen if you’re charged.

What is Receiving Stolen Property?

Basically, receiving stolen property means you got something that was stolen, even if you weren’t the one who stole it. The legal definition says it’s “intentionally receiving, keeping, or getting rid of stolen property knowing it’s been stolen”[1]. There’s a few ways you can commit this crime:

• Buying something you know is stolen
• Keeping something someone else stole
• Selling something you know is stolen
• Even just knowing about it and not reporting it to the cops

So even if you didn’t steal it yourself, you can get charged if the police find you with stolen goods. How do they know if you knew it was stolen or not? That’s what they gotta prove in court.

What Does the Law Say?

There’s a few laws that talk about receiving stolen property here in New Mexico. The main state law is Section 30-16-11 of the criminal code[1]. It lays out a few things:

• How they can prove you knew it was stolen
• The penalties based on how much the stuff is worth
• What happens if it’s a gun that’s stolen

Some cities like Albuquerque also got their own laws against this crime[4]. They’re pretty similar to the state law though. The penalties can even be worse if the city decides to get really tough on it.

Proving You Knew

How do they prove you knew the property was stolen? The law says a few things make it obvious[1]:

• You’re found with stolen stuff from multiple people
• You paid way less than what it’s worth
• You had a bunch of stolen stuff within the past year

If any of those are true, then they just assume you knew it was stolen. Pretty easy for them to prove it!

Penalties

The penalties get more serious depending on how much the stolen property is worth[1]:

• $250 or less – petty misdemeanor
• $250-$500 – misdemeanor
• $500-$2,500 – 4th degree felony
• $2,500-$20,000 – 3rd degree felony
• Over $20,000 – 2nd degree felony

So you can see, even having just a few hundred bucks worth of stolen goods can be a felony. And if it’s a stolen gun you got, that’s automatically a 4th degree felony no matter what it’s worth[1]. They don’t mess around with stolen guns!

What Can Happen If You’re Charged?

Getting charged with receiving stolen property is serious business. Even if it seems like no big deal to you, the law sees it as a real crime. Here’s some of what can happen if you get arrested for this:

• Jail time – Even a misdemeanor can mean months in jail. A felony means years in prison.
• Fines – For smaller amounts, you may just end up paying a big fine instead of jail.
• Probation – You’ll probably end up on probation too, even with jail time.
• Restitution – The court can make you pay back the victim for what was stolen.
• Permanent criminal record – This goes on your record forever and can really mess up jobs, housing, loans, etc.

And if you already got a record, they’ll come down even harder on you with max penalties. So it’s really important to talk to a lawyer and start working on your defense.

Can You Fight the Charges?

Even if it seems totally hopeless, there are ways to fight a receiving stolen property charge. A good criminal defense lawyer will look at the evidence and figure out the best defense strategy. Here’s some of what they might do:

• Argue you really didn’t know it was stolen
• Show there’s no proof you should have known
• Prove you were planning to return it
• Challenge if the property was even really “stolen”
• File motions to suppress evidence
• Negotiate with the prosecutor

See, you got options! An experienced lawyer knows how to poke holes in the prosecutor’s case. Maybe they can even get the charges lowered or dismissed. Don’t just give up and plead guilty at your first court date.

Get a Lawyer and Start Fighting Back

So that’s the basics on receiving stolen property charges in New Mexico. Having a good lawyer makes all the difference in how these cases turn out. Don’t wait around and hope it goes away – call a criminal defense attorney right now. They’ll explain your rights and start working to protect your future. This ain’t something you wanna try handling alone. Be smart and get yourself a lawyer!

References

[1] https://law.justia.com/codes/new-mexico/2021/chapter-30/article-16/section-30-16-11/

[2] https://newmexicocriminallaw.com/what-are-the-elements-of-receiving-stolen-property/

[3] https://law.justia.com/codes/new-mexico/2011/chapter30/article16/section30-16-11

[4] https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-101342

[5] https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-16-11/

[6] https://www.newmexicolegalgroup.com/criminal-defense/new-mexico-theft-crimes/