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By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 19, 2024
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The New Mexico Criminal Code defines a crime as an act or omission forbidden by law. A complex system of criminal offenses and sentences balances protecting New Mexicans and punishing lawbreakers.
New Mexico statutes have provisions for crimes ranging from Abuse of Privacy to Worthless Checks and everything in between, including Illegal Possession of Mercury (you're fine unless you have over a pound without a legitimate purpose). Offenses are categorized as felonies or misdemeanors.
The criminal laws of New Mexico are expansive. FindLaw's New Mexico Criminal Law section makes things a bit more manageable by explaining crime classifications, offense categories, self-defense, and more. We've also provided links to dozens of articles focusing on specific offenses. If you find yourself facing criminal charges, consider speaking with a New Mexico criminal defense attorney.
Criminal offenses in New Mexico are classified as either felonies, misdemeanors, or petty misdemeanors. A simple way to differentiate between them is by their sentencing range:
Felonies: Any prison time over one year
Misdemeanors: Between six months and 12 months of jail time
Petty Misdemeanors: Under six months of jail time
Things get a bit more complicated once aggravating factors, mitigating factors, and other variables affecting a sentence's duration are thrown into the mix. The table below shows the parameters for each level of offense:
Type of Offense |
Basic Sentence
|
Maximum Possible Fine |
Statute of Limitations |
|---|---|---|---|
Capital Felony |
Life imprisonment with or without parole after 30 years |
N/A |
No statute of limitation |
First Degree Felony With Death of a Child or Aggravated Criminal Sexual Penetration |
Life imprisonment |
$17,500 |
No statute of limitation |
First Degree Felony |
18 years imprisonment |
$15,000 |
No statute of limitation |
Second Degree Felony Resulting in the Death of a Human Being or Sexual Offense Against a Child |
15 years imprisonment |
$12,500 |
Six (6) years |
Second Degree Felony for Exploitation of Children |
12 years imprisonment |
$5,000 |
Six (6) years |
Second Degree Felony |
Nine (9) years imprisonment |
$10,o00 |
Six (6) years |
Third Degree Felony Resulting in the Death of a Human Being or Sexual Offense Against a Child |
Six (6) years imprisonment |
$5,000 |
Five (5) years |
Third Degree Felony for Exploitation of Children |
11 years imprisonment |
$5,000 |
Five (5) years |
Third Degree Felony |
Three (3) years imprisonment |
$5,000 |
Five (5) years |
Fourth Degree Felony for Exploitation of Children |
10 years imprisonment |
$5,000 |
Five (5) years |
Fourth Degree Felony |
18 months imprisonment |
$5,000 |
Five (5) years |
Misdemeanor |
One (1) year imprisonment |
$1,000 |
Two (2) years |
Petty Misdemeanor |
Six (6) months imprisonment |
$500 |
One (1) year |
Statutes of limitations are paused for tolling while the defendant is out of the state of New Mexico or otherwise unavailable. Lesser offenses by first-time offenders are eligible for probation consideration.
Similar criminal offenses are grouped together under the New Mexico Criminal Code (New Mexico Statutes Chapter 30). For example, the Nuisance category contains littering, polluting water, and abandonment of dangerous containers. These are the categories:
Article 20B. Demonstrations at Funerals and Memorial Services
Article 53. Disruption of Communication and Utility Services
Criminal acts not under the Criminal Code have sentences set by the statute. For example, conviction penalties for DUI/DWI offenses start at 90 days imprisonment, a fine of up to $500, and possible suspension of a driver's license. The sentencing authority passes to the state supreme court or another proper venue if it's not defined.
As per court rules and the state constitution, defendants facing criminal charges in the district court have the right to a public defender. They also have the option to hire their own criminal defense lawyer.
New Mexico has no stand-your-ground law in the statutes, but knowing when self-defense is justified can be confusing. Lethal force is permitted under New Mexico law when defending against any unlawful action, such as the threat of personal injury against a person or their family, which leaves itself open to interpretation.
Given state supreme court opinions and the jury instructions for trials where a defendant claims self-defense, New Mexico leans toward not requiring a duty to retreat if a person is defending themselves, others, or their home. Each case depends on the details.
New Mexico has extremely lax gun control laws. There are no universal background checks, extreme risk protection orders (ERPO), or required permits for concealed carry.
Understanding the state laws and the criminal procedure of the courts in New Mexico is challenging. Whether you're facing criminal charges or need help doing legal research, consider speaking with a New Mexico criminal defense attorney.