What is Considered a Felony in New Mexico? An Overview of Serious Charges

Being charged with a felony in New Mexico can be scary. Felonies are serious crimes that can lead to long prison sentences, big fines, and other consequences. But not all felonies are treated equal under the law here. New Mexico divides felonies into different classes based on how serious they are. The class of felony you're charged with makes a big difference in the possible punishment. This article will explain the different types of felonies in New Mexico and what the penalties are for each class. I'll also give some examples of common felony charges in our state. My goal is to help you understand what a felony charge really means if you or a loved one are facing one.

Capital Felonies

Capital felonies are the most serious crimes in New Mexico. They include:

• First degree murder
• Felony murder (when someone is killed during another dangerous felony like robbery or rape)
• Murder by an inmate while serving a sentence of life imprisonment

The maximum penalty for a capital felony in New Mexico is the death penalty. But the death penalty was abolished here back in 2009. So now the only sentencing options for capital felonies are:

• Life in prison without the possibility of parole, or
• Life in prison with the possibility of parole after 30 years.

There are no exceptions that allow for lighter sentences for capital felonies in New Mexico. Prosecutors take these charges very seriously and fight hard to get convictions.

First Degree Felonies

First degree felonies are the next most serious after capital offenses. Some examples of first degree felonies include:

• Second degree murder
• First degree kidnapping
• First degree criminal sexual penetration (rape)
• Robbery while armed with a deadly weapon
• First degree trafficking of controlled substances

For most first degree felonies, the basic sentence is 18 years in prison and a fine of up to $15,000. But if the crime resulted in the death of a child under age 13 or was criminal sexual penetration, the maximum penalty goes up to life in prison and a $17,500 fine.

Second Degree Felonies

Second degree felonies cover a wide range of serious crimes, including:

• Manslaughter
• Second degree kidnapping
• Second degree criminal sexual penetration
• Second degree robbery
• Second degree trafficking of controlled substances
• Child pornography offenses

For most second degree felonies, the basic sentence is 9 years in prison and a fine of up to $10,000. But if the crime resulted in death or was criminal sexual penetration of a child under 13, the maximum goes up to 15 years and a $12,500 fine.

Third Degree Felonies

Some examples of third degree felonies in New Mexico include:

• Voluntary manslaughter
• Third degree aggravated battery
• Third degree robbery
• Third degree trafficking of controlled substances
• Aggravated stalking

The basic sentence for third degree felonies is 3 years in prison and a fine of up to $5,000. If the crime resulted in death, the maximum prison sentence goes up to 6 years.

Fourth Degree Felonies

At the lower end of the scale are fourth degree felonies. Some common fourth degree felonies include:

• Involuntary manslaughter
• Fourth degree aggravated assault
• Fourth degree arson
• Possession of controlled substances
• Receiving or transferring stolen vehicles

Fourth degree felonies are punishable by up to 18 months in prison and a fine of up to $5,000. While not as serious as higher degree felonies, fourth degree charges still need to be taken very seriously.

Sentence Enhancements

The basic sentences I've listed for each felony class are just the starting point. New Mexico law allows judges to increase sentences if certain aggravating factors are present. For example, using a firearm during a felony adds 3 years to the basic sentence. Prior felony convictions can also increase sentences under New Mexico's habitual offender laws. And for certain crimes like sex offenses and felonies resulting in death or great bodily harm, judges can "enhance" the sentences by up to one-third of the basic sentence. So while the statutory maximums seem high already, the actual time served can end up being even longer with enhancements.

Other Consequences

Felony convictions don't just result in jail or prison time. Other consequences can include:

• Fines in the thousands of dollars
• Required drug treatment or other rehab programs
• Lifetime probation
• Permanent criminal record
• Loss of voting rights, firearm rights, and certain professional licenses
• Deportation for non-citizens

These collateral consequences can be extremely disruptive to someone's life. That's why anyone facing a potential felony charge needs to take it very seriously and get experienced legal help right away.

Getting Legal Help

As you can see, felony charges in New Mexico are complex. The specific details of your case will determine which class of felony applies and the exact sentencing range. An experienced criminal defense lawyer can evaluate the charges against you and start building a defense strategy. They can also negotiate with the prosecutor, argue to get charges reduced or dismissed, and generally guide you through the process. Don't wait to seek legal help if you or someone you love is accused of a felony crime.