Robbery is a serious felony in New Mexico. Armed robbery is more serious. Both involve taking property from another person by force or threat of force, but NMSA § 30-16-2(B) increases the penalty significantly when a deadly weapon is involved. The difference between robbery and armed robbery isn't always about whether a gun was fired or even shown. The law's definition is broader than most people expect.
Under NMSA § 30-16-2, robbery is a third-degree felony. Under NMSA § 30-16-2(B), armed robbery, meaning robbery while using or threatening to use a deadly weapon, is a second-degree felony. A second-degree felony conviction in New Mexico carries up to nine years in the New Mexico Department of Corrections, plus fines and post-release supervision. These cases get prosecuted aggressively in Bernalillo County.
Patrick J. Martinez has handled robbery and weapons cases in Albuquerque courts for over 25 years. He understands what the prosecution has to prove and where those proofs can fall apart.
What the Prosecution Has to Prove
A robbery conviction requires the state to prove every element beyond a reasonable doubt: that property was taken, that force or intimidation was used, and that the property was taken from the person or immediate presence of the victim. For armed robbery, they must also prove a deadly weapon was used or the defendant threatened to use one.
Identity is often the central issue. Was the identification reliable? Was there surveillance footage, and does it actually show what the prosecution claims? Were there eyewitness accounts, and how consistent were they? Patrick reviews every piece of evidence the prosecution intends to use and challenges what can be challenged.
Common Defenses in Robbery Cases
Mistaken identity is the most frequently litigated defense in robbery cases. Eyewitness identifications are notoriously unreliable, and courts in New Mexico have recognized this. If the identification came from a suggestive lineup or a single-photo identification, that's grounds for a serious challenge.
Alibi defense is straightforward when the facts support it. Coerced or false confession issues arise in some cases too, particularly where the defendant was questioned at length without counsel present.