Violent crimes in New Mexico can range across several offenses. However, murder, criminal sexual penetration, robbery, and aggravated assault most often fall under the violent crime category. Many violent crimes are felonies and may include prison sentences, fines, and other consequences if convicted.
Violent criminal charges in NM are defendable, meaning that you can demand and review all state evidence, conduct a thorough defense investigation, challenge the evidence against you and present a defense. Hire a criminal defense attorney with experience in violent crimes to fight for the best possible outcome under the given circumstances, which could result in a dismissal, reduced charges, or an exoneration at jury trial. Every case is different and must be investigated, assessed and discussed with your attorney extensively.
In This Article
Las Vegas, NM criminal defense attorney, Marc A. Grano, addresses the different types of violent crimes in New Mexico and what they could mean if convicted. Grano Law Offices, P.C. wrote this post for individuals and loved ones looking for legal information because of an investigation or arrest.
Types of Violent Crimes in New Mexico
The FBI’s Uniform Crime Reporting (UCR) Program states that violent crimes generally involve murder, rape, robbery, and aggravated assault. New Mexico punishes these types of crimes if convicted at the state level since they often include elements of threat, force, coercion, or are committed during the commission of another felony. As such, prosecutors and the public take them seriously.
Here is a closer look at NM’s statutes and how they define each type of violent crime listed in the preceding paragraph:
Type 1. Murder
Under NMSA § 30-2-1, murder is a capital felony where the state accuses you of killing another human being without lawful reason, including:
- Premeditated murder, or
- While committing or attempting to commit a felony, or
- Acting dangerous to the lives of others
The same statute also recognizes second- and first-degree murder charges. You face second-degree murder charges if you were justifiably provoked but without lawful reason to cause the death of another human being. New Mexico’s standard penalty for murder is up to life in prison without the possibility of parole.
Related Article: Defending Murder Charges in New Mexico
Type 2. Criminal Sexual Penetration
Under NMSA § 30-9-11, criminal sexual penetration (CSP) is when the state accuses you of engaging in unlawful, intentional sexual intercourse with another person. The state also grades various acts, as felonies, including:
First-Degree Felony (Aggravated CSP)
First-degree felony aggravated CSP is a violation that occurs on a child under age 13 with intent to kill or displaying disregard for human life; penalties may include up to life in prison and a fine of $17,500
Second-Degree Felony CSP
Second-degree felony CSP is a violation that occurs (1) by force or coercion on a child from ages 13-17, (2) when an inmate is in a correctional facility, (3) by force or coercion resulting in physical harm, (4) when perpetrated by one or more people, (5) while committing a felony, or (5) armed with a deadly weapon; penalties may include up to fifteen (15) years in prison and a fine of $12,500
Third-Degree Felony CSP
Third-degree felony CSP addresses all other acts of criminal sexual penetration by force or coercion; penalties may include up to six (6) years in prison and a fine of $5,000
Fourth-Degree Felony CSP
Fourth-degree felony CSP is committed by a school employee where the alleged victim is under age 18, and the perpetrator is at least four years older; penalties may include up to eighteen (18) months in prison and a fine of $5,000
Related Article: Falsely Accused of a Sex Crime in New Mexico? Here Is What to Know
Type 3. Robbery
Under NMSA § 30-16-2, robbery charges ensue when the state believes you stole something of value from another person by using or threatening force or violence. In New Mexico, Robbery is charged in the following degrees:
- Third-degree felony robbery: As defined above, includes penalties up to three (3) years in prison and a fine of $5,000
- Second-degree felony robbery: If armed with a deadly weapon in the commission of the Robbery, the penalty increases up to nine (9) years in prison and a fine of $10,000
- First-degree felony robbery: If a second or subsequent offense of Robbery committed while armed with a deadly weapon, the penalty increases to eighteen (18) years in prison and a fine of $15,000.
Robbery offense include steep consequences and collateral consequences long after prison release. While an arrest does not always equal a conviction, you should do everything you can to protect your rights and your freedom. Seek an aggressive and experienced attorney who will demand and thoroughly review the state’s evidence, conduct a thorough defense investigation and fight for you every step of the way.
Related Article: New Mexico Robbery Charges: Protect Your Case Early
Type 4. Aggravated Assault
Under NMSA § 30-3-2, aggravated assault is when the state accuses you of (A) striking at another person with a deadly weapon, (B) menacing another while concealing your identity, or (C) when intentionally assaulting another to commit a felony. The law classifies this type of violent crime as a fourth-degree felony with up to eighteen (18) months in prison and a fine of $5,000.
Related Article: What Is the Penalty for Aggravated Assault in New Mexico?
How a New Mexico Violent Crimes Defense Lawyer Can Help
The above-listed crimes are about as serious as it gets in New Mexico. If you or a loved one were arrested for a violent crime, including murder, criminal sexual penetration, robbery, or aggravated assault, it is critical to put an experienced criminal defense attorney on your side.
Your lawyer can also handle the following:
- Arguing for your release from jail at your bond hearing and if necessary subsequent release hearings
- Ensuring prosecutors turn over all constitutionally required discovery and evidence
- Conduct a thorough defense investigation
- Conducting interviews with all state witnesses
- Analyzing evidence for inconsistencies and other issues
- Negotiating or arguing for a dismissal or reduction of charges
- Offering ongoing advice and counsel throughout the process
- Being able to effectively present your side of the story at a trial
Regardless of the consequences, your attorney will explain your legal rights and options throughout every stage of your case. We will also accept and carry out your directives so that your decisions accurately reflect your wishes and desires. If we see a legal issue arising at any point, you can count on your legal representatives to bring them to your attention for discussion.
Related Article: How to Hire a Top-Rated NM Criminal Defense Lawyer
Get a Free Case Strategy Session with Grano Law Offices, P.C.
Were you or a loved one charged with a violent crime in New Mexico? If so, the Las Vegas, NM violent felonies defense lawyer at Grano Law Offices, P.C. wants to help you defend against your charges.
Give our firm a call to schedule your Free Case Strategy Session at (505) 426-8711 or by messaging us online. We can meet in person, by phone, or via secure video conferencing at your convenience.
