New Mexico Felony Crimes by Class and Sentences

New Mexico felony crimes are categorized and punished according to five different classes.

In New Mexico, felony crimes are categorized into five classes: capital felonies and first-, second-, third-, and fourth-degree felonies. A capital felony is the most serious crime in New Mexico, a first-degree felony is the second most serious felony crime, and fourth-degree felonies are the least serious felonies.

  • Capital felonies in New Mexico are premeditated murder, felony murder (murder committed during the commission or attempted commission of a felony), and depraved mind murder.
  • First-degree felonies in New Mexico include aggravated criminal sexual penetration, kidnapping, and human or sex trafficking of a child younger than 13.
  • Second-degree felonies include second-degree murder, armed robbery, shooting at or from a motor vehicle resulting in great bodily harm, sexual exploitation of a minor (manufacture of child pornography), and drug trafficking (manufacturing, selling, or possession with intent to sell illegal substances).
  • Third-degree felonies include robbery, voluntary manslaughter, aggravated battery involving great bodily harm or deadly weapon, and some sex crimes.
  • Fourth-degree felonies include involuntary manslaughter, aggravated assault, aggravated stalking, burglary of a dwelling, graffiti (property damage over $1,000), and shoplifting items with a value between $500 and $2,500.

Some crimes are classified as one level of a felony for a first offense but as a more serious felony for a subsequent offense. For instance, drug trafficking is a second-degree felony only for the first offense. A second or subsequent offense is a first-degree felony in New Mexico.

(N.M. Stat. ch. 30 (2020).)

For information on misdemeanors, see New Mexico Misdemeanor Crimes by Class and Sentences.

Possible Punishment for Felony Crimes

The New Mexico statutes provide a maximum prison sentence and optional fine for each degree of felony. A defendant can be sentenced to a prison term between one year and that maximum. New Mexico law also requires a minimum sentence for some felonies that the court must impose.

Capital Felony

A capital crime is punishable by life in prison or life in prison without any possibility of parole.

First-Degree Felony

A first-degree felony is punishable by up to eighteen years in prison and a fine up to $15,000 with the following exceptions:

  • aggravated criminal sexual penetration—up to life in prison and a fine up to $17,500, and
  • first-degree felony resulting in the death of a child—up to life in prison and a fine up to $17,500.

Second-Degree Felony

For a second degree felony, the court can impose up to nine years in prison and a $10,000 fine with the following exceptions:

  • second-degree felony resulting in death—up to fifteen years in prison and a fine up to $12,500
  • second-degree felony sexual offense against a child—up to fifteen years in prison and a fine up to $12,500, and
  • second-degree felony sexual exploitation of a child—up to twelve years in prison and a fine up to $5,000.

Third-Degree Felony

A court can sentence a defendant convicted of a third-degree felony up to three years in prison and a fine up to $5,000 with the following exceptions:

  • third-degree felony resulting in death—up to six years in prison and a fine up to $5,000
  • third-degree felony sexual offense against a child victim—up to six years in prison and a fine up to $5,000, and
  • third-degree felony sexual exploitation of a child—up to 11 years in prison and a fine up to $5,000.

Fourth-Degree Felony

A defendant convicted of a fourth-degree felony in New Mexico faces up to eighteen months in prison and a fine up to $5,000 with the following exception:

  • fourth-degree felony sexual exploitation of a child—up to 10 years in prison and a fine up to $5,000.

Sentencing Discretion

Under New Mexico law, the judge in a felony case usually has some discretion to decide what sentence a defendant will receive. Unless the crime carries a mandatory minimum, such as one, five, ten or twenty years in prison, the judge can sentence the defendant to unsupervised or supervised probation rather than prison, even in a felony case.

Whether the judge allows a defendant in a felony case to serve part or all of his sentence on probation and the length of any prison sentence usually depends on factors such as the defendant’s criminal record, the extent of injury or damage caused, the impact of the crime on the victim or the community, and the extent to which the defendant has addressed life circumstances, such as drug addiction or gang involvement, which may have contributed to the criminal behavior.

(N.M. Stat. § 31-18-15 (2020).)

Criminal Statute of Limitations

New Mexico law requires that criminal charges be filed within a certain amount of time after a crime is committed or believed to have been committed. This law is known as the criminal statute of limitations. Say the limitations period (or time limit) is five years after the crime. If the prosecutor files criminal charges six years after the crime, a defendant can ask the court to dismiss the charges.

For more information on the criminal statute of limitations in New Mexico, see New Mexico Criminal Statute of Limitations.

(N.M. Stat. § 30-1-8 (2020).)

The Value of Good Representation

A felony conviction becomes part of your permanent criminal record. If you are convicted later of another felony, the court can consider your prior conviction and impose a harsher sentence in the new case. After more than two felony convictions, you can also be charged with the crime of being a habitual offender. Being a convicted felon can hurt you when you are looking for a job and applying to rent a house or apartment. Convicted felons lose the right to vote, carry firearms, and obtain certain professional licenses.

An experienced attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, represent you at trial, and protect your rights. Someone familiar with the local criminal court system and cases like yours will be able to guide you through the complex criminal process.

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