Individuals facing a felony charge for crimes related to drug or alcohol addiction may choose to enter a rehabilitation program instead of jail. These programs can help the person turn their life around and learn new ways to cope with the stress of daily life. The State of New Mexico has several alternative sentencing options that you may be eligible for in addition to drug and alcohol rehabilitation programs.
Penalties of a Conviction
The consequences of a felony conviction can be extremely severe. Each crime is categorized by the severity level and the penalties include:
|
Felony Classification |
Length of Possible Prison Term |
Possible Amount of Fine |
|
|
|
|
|
First Degree—Standard |
18 years |
$15,000 |
|
Resulting in death of child |
Life in prison |
$17,500 |
|
Aggravating factors |
Life in prison |
$17,500 |
|
Second Degree—Standard |
9 years |
$10,000 |
|
Resulting in death |
15 years |
$12,500 |
|
Sexual offense against a child |
15 years |
$12,500 |
|
Third Degree—Standard |
3 years |
$5,000 |
|
Resulting in death |
6 years |
$5,000 |
|
Sexual offense against a child |
6 years |
$5,000 |
|
Fourth Degree |
18 months |
$5,000 |
Any person who commits first-degree murder will be charged with a capital offense and could receive the death penalty.
Drug Courts in New Mexico
Drug courts are designed to provide treatment and supervision to offenders with substance abuse problems. They work closely with the judges, prosecutors, defense lawyers and the probation authorities. These programs are voluntary, but once an offender agrees to participate, any aspect of non-compliance will result in jail time or increased treatment services. Eligibility varies depending on the requirements and restrictions of the particular court where the program operates.
Request a Deferred Sentence
The judge may decide to defer sentencing. During this time, the offender is placed on probation and a plea of “not guilty” is entered. The case will be continued for a specific period of time until the defendant complies with all of the terms set down by the court. Once all of the terms are met, the case will be dismissed.
Pre-Prosecution Diversion Programs
Pre-prosecution programs are available in New Mexico for non-violent first-time offenders. Once you are accepted into the program, the charges can be dismissed. The offender must admit guilt and comply with all of the conditions of the program, including:
- Full time employment or regularly attending school
- Submit to random drug testing
- Regularly report to probation officials
- Must pay all costs of probation
The eligibility requirements are:
- Has not been charged with driving while intoxicated
- Not previously participated in any similar program within the last 10 years
- No prior felony convictions
- The crime must be non-violent in nature, with the exception of any domestic dispute that did not involve a minor.
- If the offense is drug-related, it must not involve either the sale or possession of large amounts of a controlled substance.
The defendant must be represented by legal counsel and the District Attorney must agree to the defendant’s acceptance into the program.
Get Legal Help From an Attorney
The State of New Mexico only allows misdemeanor offenses to be expunged from their record. If you get convicted of a felony, it will stay on your permanent criminal record, which can be found easily by potential employers. Criminal defense attorneys are familiar with the system and will provide a rigorous defense on your behalf. They may even get the charged against you reduced down to a misdemeanor.
