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If you are being accused of committing fraud, you deserve to have a legal advocate fighting for you. Often times, people are charged and convicted of crimes because they were not aware of their rights. Due to the severity of penalties that are associated with fraud, you should retain knowledgeable attorneys who will protect your rights and preserve your legal options.

New Mexico Definition of Fraud

According to section 30-16-6 of New Mexico statutes, fraud is deliberately deceiving and manipulating someone in order to take something valuable that belongs to that person. The severity of the fraud charges depends on the value of the items that are misappropriated.

  • Petty misdemeanor if the value of the misappropriated property is $250 or less
  • Full misdemeanor if the value of the misappropriated property is at least $250 but less than $500
  • Fourth degree felony if the value of the misappropriated property is at least $500 but less than $2,500
  • Third degree felony if the value of the misappropriated property is at least $2,500 but less than $20,000
  • Second degree felony if the value of the misappropriated felony is at least $20,000 or more

Criminal Punishment for Fraud in New Mexico

The punishments for fraud convictions vary depending on the amount of money or property that was obtained while committing the crime. Sentencing for fraud can include:

  • A jail sentence of up to 6 months; up to a $500 fine; up to 6 months of probation for a petty misdemeanor
  • A jail sentence that doesn’t exceed 1 year; up to a $1,000 fine; and up to 1 year of probation for a full misdemeanor
  • Prison sentence that doesn’t exceed 18 months for fourth degree felony
  • Prison sentence that doesn’t exceed 3 years for a third degree felony
  • Prison sentence that doesn’t exceed 9 years for a second degree felony

Defenses to Fraud Charges in New Mexico

The prosecutors have the burden of proof in fraud cases. These type of cases tend to be difficult to prove since it requires not only showing that the accused intentionally deceived someone but also showing that the victim relied on specific misstatements. We can structure a defensive strategy that shows a lack of intent to manipulate or deceive the victim. Based on the facts, we may also dispute the victim’s actual reliance on the information received. During legal proceedings we would contest the prosecutor’s ability to sufficiently prove all elements of the fraud charges.

Contact a New Mexico Criminal Defense Lawyer

Call (505) 843-7303 or fill out the confidential case evaluation form on the website to contact our law firm. During the free initial consultation, you will meet with one of our highly qualified criminal defense attorneys. We have offices located in Albuquerque and Rio Rancho that service clients statewide.

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"There aren't words enough to express my joy and admiration for all your fine efforts your office and staff put forth in this victorious outcome you delivered to me." - D.P., Albuquerque, N.M.“I wanted to thank you for your great work in getting my husband’s case dismissed. I was confident from the beginning that everything would turn out o.k., but I was truly amazed by your handling of the state’s witnesses at trial.” - C.K., Albuquerque“Cynthia managed my case with courteous professionalism. Her responses to my inquiries were always timely, along with those of her assistant. Cynthia’s careful attention to detail placed us in the best possible position to achieve the eventual positive outcome for the case – she made all the right ‘moves’.” - M.S., Albuquerque