What are the sentencing guidelines for a felony in New Mexico?

The New Mexico felony sentencing guidelines classifies crimes by the degree of the offense. On March 18, 2009, Governor Bill Richardson signed a bill abolishing the death penalty in New Mexico. Capital crimes, such as murder in the first degree or felony murder now carry a penalty of life in prison without the possibility of parole. Felony offenses committed in New Mexico are categorized as follows:

First Degree Felony

• Up to 18 years in prison
• These crimes include kidnapping, manslaughter, armed robbery with a deadly weapon, arson, rape and other sexual assault offenses.

Second Degree Felony

• Up to 9 years in prison
• Crimes that include robbery, shooting into a motor vehicle that results in bodily harm to another individual, and sexually exploiting a minor.

Third Degree Felony

• Up to three years in prison
• Criminal offenses include voluntary manslaughter, assault with the intention of committing a felony, theft, driving under the influence, aggravated battery and the criminal use of ransom.

Fourth Degree Felony

• Up to 18 months in prison
• Crimes include involuntary manslaughter, assisting a suicide victim and aggravated assault.

There is no statute of limitations on capital and first-degree felonies. However, there is a six-year limitation for second-degree felony offenses and five years for both third and fourth degree felonies. Fines can range from $5,000 upwards to $17,500 for a first-degree felony offense. The prison sentence may be increased if there are aggravating circumstances, such as the use of a weapon during the commission of the crime or for repeat offenders.

Why You Need an Attorney on Your Side

Anyone facing felony charges needs the help of an experienced criminal defense attorney to defend their rights. The prosecutor’s job is to put people behind bars, especially those who have committed violent offenses. Most defense attorneys are familiar with how the system works and they may be able to obtain a favorable plea agreement that the District Attorney is willing to offer.