New Mexico Charges for Crimes by Felony Class

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In New Mexico, a crime is a felony if it is so designated by law or if upon conviction thereof a sentence of death or of imprisonment for a term of one year or more is authorized. There are five separate classifications of felony crimes in New Mexico.

Felony Sentencing and Convictions in New Mexico

The following provides an overview of the classifications of felonious offenses in New Mexico, examples of crimes within each class and the sentence for each classification. It is important to note, however, that New Mexico law is intricate and includes many different variations within its criminal statute for increased sentences for particular types of crimes.  For instance, for gang-related crimes, there are enhanced penalties.

Felony Class Criminal Charge Sentencing: Jail Time and Fines

Capital Felony

 

Includes the most serious felony crimes in the jurisdiction.

  • Murder in the First Degree
  • Felony Murder

Imprisonment without possibility of release/parole

 

1st Degree Felony

 

 

  • Kidnapping
  • Manslaughter
  • Robbery while armed with deadly weapon
  • Rape
  • Arson
  • Sexual crimes

18 years imprisonment

2nd Degree Felony

  • Shooting at or from a motor vehicle that results in great bodily harm to another person
  • Robbery
  • Sexual exploitation of a minor

 

9 years imprisonment

3rd Degree Felony

 

 

  • Voluntary manslaughter
  • Assault with intent to commit a violent felony
  • Aggravated battery
  • Criminal use of ransom
  • Theft
  • DUI

3 years imprisonment

4th Degree Felony

  • Involuntary manslaughter
  • Assisting suicide
  • Aggravated assault

 

18 months imprisonment

 

New Mexico Felony Records and Expungement

According to New Mexico Statute 29-3-8.1(A), one may only expunge an arrest record if it was for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude.  Therefore, a felony record is not subject to expungement.

New Mexico Statute of Limitations

In the State of New Mexico, there are certain limitations on the commencement of a criminal prosecution for a felony. These time limitations are as follows:

No limitation: Capital felony or 1st degree felony
6 years: 2nd degree felony
5 years: 3rd or 4th degree felony

There are extensions of the statute of limitations for identity theft, theft and crimes against minors, so if you have a case involving these matters, it is crucial to consult with an attorney who is licensed to practice law in the State of New Mexico. View all New Mexico Criminal Statutes of Limitations

Help from a Lawyer in New Mexico for Felony Charges

A criminal felony is a serious legal matter; therefore, if one is charged with a felony crime in the State of New Mexico, one should retain the services of an experienced criminal defense attorney as soon as possible.  An experienced criminal law attorney can not only assist one in preserving one’s legal rights, but also an attorney can help navigate one through the process.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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