A felony charge is designated for the most serious crimes but less serious than misdemeanors. Under NMSA § 30-1-6, a felony in New Mexico is a crime classification if the judge is authorized to sentence lifetime of imprisonment or a prison term of one (1) year or more.
A felony conviction carries severe penalties and can negatively impact the rest of your life. However, it is vital to recognize that the prosecutor(s) assigned to your case hold the burden of proof, which means that your charges are defensible. Hire a felony criminal defense lawyer in New Mexico to protect your rights and provide legal advice when facing these charges.
In This Post
In this post, I define the different degrees of a New Mexico felony as well as the maximum penalties on the table. Also, I offer a few tips regarding the next steps to take if you are charged with a felony in New Mexico.
Every case is unique; get personalized legal advice for your situation.
New Mexico Sentencing Rules
New Mexico uses determinate sentencing rules. Determinate sentencing is a definite release date versus a range of dates. However, inmates still have a chance to reduce their sentences based on good behavior.
What Are the Different Degrees of a New Mexico Felony?
Per NMSA § 30-1-7, our state recognizes five (5) degrees of felonies, including capital, first degree, second degree, third degree, and fourth degree. Felonies can include sex offenses, violent crimes, and drug crimes.
Below, please find a description of each class and the associated maximum penalties that a judge can sentence if convicted.
Capital Felony
In New Mexico, a capital felony covers crimes involving premeditated murder, murder during the commission of another felony (such as a robbery), and “depraved mind” murder, which describes a crime committed with grave indifference to human life.
Penalties of a capital felony in New Mexico include:
- Standard: Up to life in prison without the possibility of parole
First Degree Felony
A first degree felony includes murder, kidnapping, armed robbery, rape, and human trafficking.
Penalties of a first degree felony in New Mexico include:
- Standard: Up to eighteen (18) years in prison and a fine of $15,000
- Causing a child’s death: Up to life in prison and a fine of $17,500
- Aggravated Criminal Sexual Penetration (CSP): Up to life in prison and a fine of $17,500
Second Degree Felony
Second degree felonies include public shootings, child pornography charges, robbery, arson, drug trafficking, embezzlement, and DWI.
Penalties of a second degree felony in New Mexico include:
- Standard: Up to nine (9) years in prison and a fine of $10,000
- Causing a death: Up to fifteen (15) years in prison and a fine of $12,500
- Sex offenses against a minor: Up to fifteen (15) years in prison and a fine of $12,500
- DWI Eighth or Subsequent: Mandatory minimum ten (10) years in prison up to twelve (12) and a fine of $10,000
Third Degree Felony
Third degree felonies include aggravated battery, domestic violence, stalking, crimes with sexual components, and voluntary manslaughter.
Penalties of a third degree felony in New Mexico include:
- Standard: Up to three (3) years in prison and a fine of $5,000
- Causing a death: Up to six (6) years in prison and a fine of $5,000
- Sex offenses against a minor: Up to six (6) years in prison and a fine of $5,000
- DWI Sixth offense: Mandatory minimum eighteen (18) months in prison up to a maximum of thirty six (36) months in prison and a fine of $5,000
- DWI Seventh offense: Mandatory minimum two (2) years in prison up to a maximum of three (3) years in prison and a fine of $5,000
Fourth Degree Felony
Fourth degree felonies are the least serious of felonies, but make no mistake: they are still very serious. Crimes in this degree may include property damage, shoplifting items worth up to $2,500, burglaries, involuntary manslaughter, aggravated assault, identity theft, and possession of a controlled substance.
Penalties of a fourth degree felony in New Mexico include:
- Standard: Up to eighteen (18) months in prison and a fine of $5,000
- DWI Fourth offense: Mandatory minimum six (6) months in prison up to a maximum of eighteen (18) months in prison and a fine of $5,000.
- DWI Fifth offense: Mandatory minimum one (1) year in prison up to a maximum of two (2) years in prison and a fine of $5,000.
Related Article: What Are the Penalties of Identity Theft in New Mexico?
Enhanced Sentences
A judge can “enhance,” or increase, a sentence if there are other factors that play a role in the case against you. These factors may include past convictions and the use of firearms.
If you are charged with a felony in New Mexico, it is essential that you take action now. The evidence against you may not be as compelling as prosecutors and law enforcement wants you to think. Numerous deadlines apply to felonies, and an experienced lawyer will know how to take advantage of any opportunities available.
What to Do If You Are Charged with a Felony in New Mexico?
Regardless of the crime with which you are charged, a felony is a serious offense. Make sure that you take the proper steps at every stage of your case.
Actions to protect yourself should include:
- Exercise your fundamental right to remain silent
- Speak with a New Mexico criminal defense lawyer ASAP
- Remain calm and polite when dealing with police
- Understand the charges that you are facing
- Attend all court proceedings and follow through on court orders
As you learned from this article, a felony carries the potential to change your life if convicted. Take no chances and hire an attorney to represent you in court. We will investigate the facts and circumstances of your case while mounting a strategy that pushes back against the prosecutor’s theory against you.
Call Grano Law Offices, P.C. If You or a Loved One Are Charged with a Felony
The first step that you can take after being charged with a felony is calling my office for a Free Case Strategy Session at (505) 426-8711 or messaging me privately through the contact form below. If you have to leave a message, I will respond with twenty-four (24) business hours.
I understand that it is a challenge for some of my clients to travel to my Las Vegas, New Mexico office. Grano Law Offices, P.C. is available to meet via secure video chat, text, email, or telephone call.
