Misdemeanors are less serious than felony charges. For sentencing purposes, New Mexico divides them into two distinct categories: misdemeanors and petty misdemeanors. In contrast, the most severe crimes are classified as felonies. Some offenses may be punishable with fines only.
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In this blog article, learn about the differences between misdemeanors and petty misdemeanors, their standard sentences, when harsher sentences may apply, and why hiring a criminal defense lawyer is critical. If you are facing charges, you are always welcome to contact my office for specific legal advice.
Misdemeanors vs. Petty Misdemeanors
As stated above, misdemeanors and petty misdemeanors are less serious than felony criminal offenses. However, this does not mean that they do not come without punishment.
Common types of misdemeanors may include:
- Aggravated Battery (Temporary/minor injuries)
- Arson
- Most Game and Fish Violations
- Most Domestic violence charges
- Second and Third DUI/DWI offenses
- Trespassing
- Harassment
Common types of petty misdemeanors may include:
- Negligent Use of a Deadly Weapon
- Simple battery
- Shoplifting ($250 or less)
- Property damage under $1,000
- Public Affray
- Disorderly conduct
If you are charged with any of the above-referenced crimes, it is vital to hire an attorney. The biggest takeaway from this article is that there is no such thing as “easy charges to beat.” Misdemeanors, even petty misdemeanors, are still considered severe and could significantly impact your future.
What Is a Misdemeanor’s Potential Sentence in New Mexico?
Once convicted of a misdemeanor or petty misdemeanor, a judge will decide on the most appropriate sentence for your crime. Hiring a criminal defense lawyer will represent your case in court during the sentencing phase to ensure that your rights are protected.
In general, New Mexico law sets the following penalties for misdemeanors and petty misdemeanors:
- Misdemeanors: Up to 364 days in jail and a fine of up to $1,000
- Petty misdemeanors: Up to 182 days in jail and a fine of up to $500
Some crimes have mandatory minimum jail sentences, and some have maximum penalties that are less than those stated above. For instance, if you are convicted of your first DUI/DWI, you may face MANDATORY jail time, driver’s license revocation, ignition interlock, fines, community service hours and a one-year period of probation.
Misdemeanor Probation Time in New Mexico
Judges typically have the authority to impose a fines and probation versus jail time on misdemeanors or petty misdemeanors. However, it is vital to recognize that a judge can also impose a jail sentence up to the maximum allowed under the law.
As with all sentencing decisions, judges consider numerous factors when deciding whether to impose probation, including the facts and circumstances of your case, background, criminal record, and whether or not you are a potential danger to the public.
What is a misdemeanor that goes away in New Mexico?
If you are convicted of a misdemeanor in New Mexico, the record will not go away on its own. A conviction will remain on background checks that are available to all who request them. The only way you could make a misdemeanor go away (i.e., off of your record), you would have to endure separate proceedings to receive an expungement after a specific amount of time has passed.
Even though expungements are available in New Mexico, you will have to wait a few years before you can pursue this option, which means that your life will be affected until then. There are also no guarantees when it comes to the expungement process, which means that there are no guarantees that your misdemeanor will go away.
Get Legal Help for the Misdemeanor Charges You Are Facing
Although misdemeanors are not punished as serious as felonies, there are still consequences associated with a conviction on your record. In addition, some misdemeanors, such as DWI’s and Domestic Violence Charges carry significantly more serious mandatory jail sentences and collateral consequences. Including the revocation of your Second Amendment Gun Rights!
This can result in difficulties obtaining employment, renting a home, or obtaining a professional license. You might also face a more stringent sentence if you are charged with a crime in the future.
You are innocent until the prosecutor can prove you are guilty. Speak with a New Mexico criminal defense lawyer to help you mount a defense against the allegations. We can help you determine if there are grounds to get the charges dropped or devise a strategy that seeks the best possible outcome for the given circumstances.
Call Marc Grano at (505) 426-8711
You deserve to give yourself every fighting chance to beat your charges. Call my office for a Free Case Strategy Session at (505) 426-8711 or message us using the form below.
