For purposes of sentencing, New Mexico divides lower-level crimes into two categories—misdemeanors and petty misdemeanors. More serious crimes are felonies. Offenses that aren't considered crimes—such as most traffic violations—don't carry a potential jail sentence but are punished with fines.
Read on for details on New Mexico's standard sentences for misdemeanors and petty misdemeanors, when stiffer sentences might apply, and what sentencing alternatives to jail are available.
New Mexico sets the following standard penalties for most misdemeanors and petty misdemeanors:
In some cases, the law provides a maximum penalty that is lower than the standard penalties or imposes a mandatory minimum. For example:
(N.M. Stat. §§ 30-1-6, 30-3-1, 30-3-4, 30-3a-2, 30-7-4, 30-14-1, 30-16-1, 30-20-3, 30-22-1, 30-33a-4, 30-37A-1, 31-19-1, 66-8-102 (2023).)
New Mexico law treats some misdemeanors as felonies if a defendant has one or more previous convictions for the same offense. For instance:
(N.M. Stat. §§ 30-3-15, 30-3-17, 30-3a-3 (2023).)
Once convicted of a misdemeanor or petty misdemeanor, the judge will decide on the appropriate sentence, within the legal limits for the crime. In making sentencing decisions, judges consider various factors, such as the circumstances surrounding the crime, the defendant's background and criminal record, and potential danger to the public.
For misdemeanor convictions, judges can impose jail time, a fine, or both. In some cases, the judge may impose a jail sentence and then defer or suspend the sentence (in whole or in part) and place you on probation, with or without supervision. Conditions of probation may include completing community service hours, attending counseling or treatment, and paying victim restitution (N.M. Stat. §§ 31-17-1, 31-19-1, 31-20-5, 31-20-6 (2023).)
The district attorney may offer certain defendants a chance to avoid a conviction through pre-prosecution diversion or PPD. In a diversion program, the district attorney agrees to suspend the criminal proceedings as long as the defendant complies with the program terms. To be eligible for PPD, a defendant cannot have any prior violent felony convictions. District attorneys can set additional eligibility requirements. A successful defendant will have their charges dismissed. (N.M. Stat. §§ 31-16A-1 to 31-16A-8 (2023).)
Even though misdemeanors aren't as serious as felonies, having a misdemeanor conviction on your record could still make it difficult to get a job, rent housing, obtain a professional license, or qualify for certain government benefits. It could also subject you to a stiffer sentence if you get in trouble with the law again. Anytime you're charged with a crime, you should consult with an experienced criminal defense lawyer who can evaluate your case, determine whether you have any grounds to get the charges dismissed, obtain the best possible outcome under the circumstances, and help protect your rights throughout the proceedings.