Violent felony conjures images of murder, bank robberies, and kidnappings, but in reality, there is a wide range of charges that can be considered violent felonies. A simple fight can result in violent felony charges if the prosecutor has reason to believe that you intended to murder or rob the other party. Work with a violent felony lawyer in Las Vegas, NM to mount a legal defense that fights for dropped, reduced, or dismissed charges.
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You do not have to accept legal responsibility for a crime that you did not commit. Grano Law Offices, P.C. welcomes you to contact us for a Free Case Strategy Session to learn more about your offices by messaging us here or calling (505) 426-8711.
Types of Violent Felony Cases Marc Grano Represents
In New Mexico, violent felonies are separated into five categories: capital, first degree, second degree, third degree, and fourth degree. The penalties for these crimes include fines and prison time, in some cases, mandatory minimum prison sentences may be imposed. As a general rule, a violent felony describes the murder, rape, robbery, or burglary. These crimes involve physical harm, or intent to cause physical harm.
Some crimes carry a mandatory minimum sentence, which means the judge has no discretion in setting the sentencing terms. Otherwise, most judges do have significant discretion in deciding what the appropriate penalty should be in every case. At Grano Law Offices, P.C., your violent felonies lawyer in Las Vegas, New Mexico will investigate the facts of your case so that you are not receiving a penalty that is inconsistent with your actions or involvement.
Capital Felonies
In New Mexico, a capital felony charge covers crimes such as premeditated murder, murder during the commission of another felony (such as a robbery), and depraved mind murder. In New Mexico, if you are convicted of a capital felony, your penalty will likely be life in prison with or without the possibility of parole. It is imperative to hire a violent felonies lawyer in Las Vegas, NM to provide the best legal defense possible.
First-Degree Felonies
A first-degree felony in New Mexico includes murder (not premeditated), kidnapping, armed robbery, rape, and a second or subsequent conviction for drug trafficking. A first-degree felony is a mandatory minimum eighteen-year sentence. First degree felonies carry penalties of up to $15,000 in fines and mandatory minimum sentences of 18 years in prison. Aggravated rape convictions and first-degree crimes that lead to the death of a child carry a possible life sentence and up to $17,500 in fines.
Second-Degree Felonies
Second-degree felonies include drive-by shootings, creating and distributing child pornography and sexual exploitation of a minor, robbery, and drug trafficking. Second-degree felonies carry penalties of up to $10,000 in fines and up to 9 years in jail. A second-degree crime that causes a death or a sex crime committed against a child carries up to 15 years in jail and up to $12,500 in fines. Seek legal advice from a violent felonies lawyer in Las Vegas, New Mexico about defending your case.
Third-Degree Felonies
In New Mexico, third-degree felonies include aggravated battery, aggravated stalking, crimes with sexual components, and voluntary manslaughter. Third-degree felonies carry penalties of up to $5,000 and up to 3 years in jail. A third-degree crime that results in death or a sex crime committed against a child carries up to 6 years in jail with a fine up to $5,000.
Fourth-Degree Felonies
Fourth-degree felonies can include lesser crimes, such as graffiti and shoplifting items worth up to $2,500. Burglaries, involuntary manslaughter, and aggravated assault are also considered fourth-degree felonies. For those convicted of fourth-degree crimes, they may face up to 18 months in jail and up to $5,000 in fines.
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How Habitual Offender Enhancements Affect Your Charges
In some cases, a habitual offender enhancement may impose additional mandatory prison time in addition to the exposure faced for the felony charge. For example, an individual charged with a third-degree felony, if convicted, is exposed to a sentence of probation up to a maximum of three years in prison followed by a mandatory parole period, which makes hiring a violent felony lawyer in Las Vegas, New Mexico even more vital.
However, if that same individual (charged with a third-degree felony) has prior “usable” felony convictions, the individual’s sentencing exposure is significantly increased as follows:
- No prior felony convictions: Probation up to Three-years prison, followed by a mandatory parole period.
- One prior felony conviction: Mandatory One year up to four years prison, followed by a mandatory parole period.
- Two prior felony convictions: Mandatory Four-year prison sentence up to a maximum of seven years prison, followed by a mandatory parole period.
- Three Prior felony convictions: Mandatory Eight-year prison sentence up to a maximum of eleven years of incarceration, followed by a mandatory parole period.
The attack of any alleged Habitual Offender Enhancement by a violent felony lawyer in Las Vegas, New Mexico is crucial to the proper assessment of any felony criminal case. You may be able to collaterally attack the validity of an alleged Habitual Offender Enhancement and therefore reduce the potential sentence which a person is facing.
Other Sentencing Enhancements
Other sentencing enhancements may also apply, such as a firearm enhancement, aggravating circumstances, three violent felony convictions enhancements, violent sexual offense enhancements as well as other enhancements may also apply. Like Habitual Offender Enhancements, all alleged enhancements should be assessed and attacked, if possible, by your violent felonies lawyer in Las Vegas, New Mexico.
Defending violent felony charges is not easy, and you should not feel like you are doing it alone. You need an experienced criminal defense lawyer on your side as soon as possible. My team and I will aggressively fight for you.
From demanding all discovery, conducting a defense investigation, fully assessing your case, preparing a defense, and communicating with you every step of the way we will provide you with experienced, informed, strategic representation with a violent felony lawyer in Las Vegas, New Mexico.
Take the Next Steps with Grano Law Offices, P.C.
If you’re facing violent felony charges, contact Marc Grano at Grano Law Office, P.C at (505) 426-8711, or complete the online inquiry form for a Free Case Strategy Session.
