New Mexico robbery charges are severe and can drastically alter a person’s life with long-term consequences. While a robbery arrest does not always result in a robbery conviction, a robbery conviction will always result in a felony record and, potentially, significant fines and several years in prison. It is critical that you retain a defense attorney who can protect your case early on and implement the appropriate defensive strategy that seeks the best possible outcome.
In This Post
In this post, a Las Vegas, New Mexico robbery defense attorney answers the following questions:
- What’s Considered Robbery in New Mexico?
- Robbery vs. Burglary: What’s the Difference?
- Armed Robbery vs. Aggravated Assault: What’s the Difference?
- Penalties for Robbery Convictions in New Mexico
- What Is the Statute of Limitations for Robbery New Mexico?
- Do New Mexico Prosecutors Ever Drop or Reduce Robbery Charges?
- Can the Alleged Victim Drop the Charges Against Me?
- What Are Common Defenses to Robbery Charges?
Let’s start by looking at how New Mexico’s criminal laws define the act of robbery.
What’s Considered Robbery in New Mexico?
New Mexico’s laws define robbery as the theft of valuable personal property by the use or threatened use of force per NMSA § 30-16-2. This type of crime is classified as a third-degree felony unless the offense was committed with a deadly weapon. In this case, it is a second-degree felony for a first offense and a first-degree felony for subsequent offenses.
Robbery vs. Burglary: What’s the Difference?
The main differences between robbery and burglary are that robberies involve taking valuable personal property from another person by threat or violence. In contrast, burglary is the unauthorized entry of a vehicle or structure with the intent to commit a felony or theft under NMSA § 30-16-3. However, they are both felony charges that could result in severe consequences if convicted.
Armed Robbery vs. Aggravated Assault: What’s the Difference?
Aggravated assault is different from an armed robbery in that it contains the element of striking a victim versus threatening them. Armed robbery also does not involve the intent of taking personal property to deprive the alleged victim of the property.
This rule comes from a 2004 opinion in State v. Armijo, which you can review here.
Penalties for Robbery Convictions in New Mexico
Robbery sentences are relatively stiff and can significantly impact several areas of your life. Our state laws punish them as either first-, second-, or third-degree felonies, meaning that there is a wide range of penalties on the line. From thousands of dollars in fines to several years lost in prison, it is critical to fighting the charges you are facing with a trusted and experienced criminal defense lawyer.
Robbery Penalties
Robbery convictions are third-degree felonies in New Mexico, which can result in the following penalties:
- Up to three (3) years imprisonment
- Fines up to $5,000
Armed Robbery Penalties (First-Time Offense)
Armed robbery convictions are second-degree felonies in New Mexico for a first offense, which can result in the following penalties:
- Up to nine (9) years imprisonment
- Fines up to $10,000
Armed Robbery (Subsequent Offense)
For subsequent offenses, armed robbery convictions are first-degree felonies with penalties that may include:
- A mandatory eighteen (18) years imprisonment
- Fines up to $15,000
Other penalties could include probation, parole, community service, and more, regardless of the classification. As you can see, much is riding on the line when charged with robbery in New Mexico, and every case is unique. Ensure you get advice about your or your loved one’s legal situation from a defense lawyer to protect the case.
Related Article: What Is a Felony in New Mexico?
What Is the Statute of Limitations for Robbery New Mexico?
The statute of limitations that applies to robbery cases in New Mexico depends upon the classification of the specific crime. Here is an outline of each statute of limitations according to criminal classification per NMSA § 30-1-8:
- First-degree robbery: No limitation period
- Second-degree robbery: Within six (6) years of the offense date
- Third-degree robbery: Within five (5) years of the offense date
New Mexico’s statute of limitations imposes a deadline by which prosecutors have to charge you with a crime. Otherwise, they cannot pursue a case against you.
Do New Mexico Prosecutors Ever Drop or Reduce Robbery Charges?
Yes, New Mexico prosecutors do have the authority to dismiss or reduce robbery charges. However, every case is different, and this option is only available in specific situations. You should speak with a defense lawyer to assess your case.
Related Article: Types of Dispositions Available When Taking a Probationary Plea in New Mexico
Can the Alleged Victim Drop the Charges Against Me?
In general, no, the victim cannot get the charges dropped against you. Once they file a police report, it becomes a case in the possession of the state. Law enforcement along with the prosecutor is then in charge of whether your case converts to formal criminal charges.
The Bernalillo County District Attorney’s Office also directly answers this question if you face charges in that venue here.
Important: Do Not Contact the Victim
One of the biggest mistakes investigated or arrested individuals can make is contacting the alleged victim after the reporting of a robbery or the filing of a police report. While you might “just want to talk” to smooth things over, avoid falling for this common misstep. Your efforts to smooth things over may result in the felony charge of Intimidation of a Witness. As soon as you know of an investigation, warrant, or arrest, contact a criminal defense lawyer in New Mexico to protect the case from the outset.
What Are Common Defenses to Robbery Charges?
You have several options for mounting a defense at trial. In some cases, your attorney can attempt to convince the jury that the prosecution’s evidence doesn’t meet the burden of proof or that specific facts remove their culpability for the crime, otherwise known as “affirmative defenses.”
Examples of common defenses to robbery charges in New Mexico include:
- Defense 1. No criminal intent whatsoever
- Defense 2. No criminal intent to steal
- Defense 3. No element of “carrying away” personal property
- Defense 4. Not charged under the right statute
- Defense 5. No threatened use of force
- Defense 6. Did not meet the legal definition of intimidation
Other defenses against robbery are available from a general standpoint, including mistaken identity, alibi defenses, duress, coerced confessions, and more. However, you will need to investigate your charges, provide discoverable, admissible evidence, and navigate legal proceedings according to the law. Instead of leaving your case to chance, hire a skilled, experienced criminal defense attorney to help you find the proper defense for your situation.
Related Article: What is an Alibi Defense?
Get a FREE Case Strategy Session with a Criminal Defense Lawyer in Las Vegas, New Mexico
Were you or a family member recently charged with robbery in northern or central New Mexico? If so, the legal team at Grano Law Offices, P.C. wants to help you rail a solid legal defense AND offense against the robbery charges you face. Learn more about your legal options with a Free Case Strategy Session at (505) 426-8711 or message our founder, Marc A. Grano, about your case privately and directly via the contact form below.
