New Mexico Crimes: Laws & Penalties

If you or someone you know has been charged with a crime in New Mexico, you'll want as much information as possible about the crime and its consequences. What does the prosecutor have to prove in order to get a conviction? What's the sentence; is it a range, and what factors might affect a judge's decision to impose a lower or higher sentence? Most importantly, are there any legally recognized defenses to this charge?

The articles on this page give you this information for specified New Mexico crimes. If you want to read the laws themselves, you'll find citations to them (see "Looking Up the Law," below, for tips on how to find the law online). But most of the time, our summaries will give you what you need.

Be sure to understand that no legal article is a substitute for a knowledgeable criminal defense attorney, who regularly practices in your area. The "letter of the law" is only your strating point. Working with your attorney, you should come to understand how the amount and quality of the evidence in your case will affect your options, which may range from attempting to get the case dismissed, to negotiating a plea, to going to trial.

Classification of Crimes, Statute of Limitations, and Criminal Records

New Mexico Criminal Statute of Limitations

Below is a summary of the statute of limitation periods for criminal cases in New Mexico. Statutes of limitations set forth the time period within which the state must commence a case for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed.
New Mexico Felony Crimes by Class and Sentences

New Mexico felony crimes are categorized and punished according to five different classes.
Expunging or Sealing Adult Criminal Records in New Mexico

Most of the time, it’s not possible to expunge -- that is, erase or seal -- an accurate arrest or charge on an New Mexico criminal record, even if you have completed probation. New Mexico allows adult criminal records to be expunged only in very limited circumstances.

DUI & Driving-Related Crimes

Driving on a Suspended License in New Mexico

Your New Mexico driver’s license may be suspended or revoked for a range of reasons. If you drive on a suspended or revoked license before your license is reinstated, you may be charged with a crime.

Drug Possession and Sale

Possession of a Controlled Substance in New Mexico

All states regulate and control the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. New Mexico classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.

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