If you’re facing criminal charges in New Mexico or just want to understand how the legal system works, it’s important to know what qualifies as a felony. Felonies are serious crimes with severe penalties, and a conviction can change your life forever.
Whether you’re concerned about your record, trying to help a loved one, or just learning more, here’s what you need to know about felonies in New Mexico.
Felony Defined
A felony is a criminal offense considered more serious than a misdemeanor. In general, felonies involve acts that cause significant physical, financial, or emotional harm to others. Unlike misdemeanors, which typically result in less than one year in jail, felonies often lead to prison time in a state correctional facility.
In New Mexico, felonies are classified by degrees and are governed by state statutes. These offenses carry long-term consequences, including fines, incarceration, and a permanent criminal record.
What Makes a Crime a Felony?
Under New Mexico law, a crime is considered a felony if it is either expressly classified as such in the statutes or if the punishment includes imprisonment for one year or more, or the death penalty.
Felonies are distinguished from misdemeanors based on the severity of the punishment, not just the harm caused or intent behind the crime.
Common Types of Felonies
Felonies in New Mexico can cover a wide range of criminal behavior. Here are some of the most common types:
- Violent crimes: These include murder, manslaughter, aggravated assault, and robbery.
- Sex offenses: Crimes like rape, child molestation, and sexual exploitation of minors are serious felonies.
- Drug crimes: Large-scale drug manufacturing, trafficking, or distribution can lead to felony charges.
- Property crimes: Arson, burglary, and grand theft are felonies when the value of the property involved is significant or when violence is used.
- White-collar crimes: Felony-level fraud, embezzlement, and identity theft often involve large sums of money or multiple victims.
Each of these crimes can result in substantial penalties and long-term consequences depending on the circumstances and severity.
Felony Classifications by Degree or Level
New Mexico categorizes felonies by degree. Each classification carries a different sentencing range:
- Capital felonies: The most serious crimes, such as first-degree murder, which can result in life imprisonment.
- First-degree felonies: Can result in up to 18 years in prison. If the felony results in the death of a human being, the sentence can increase to life imprisonment.
- Second-degree felonies: Typically carry up to 9 years in prison. If the offense results in a death, the penalty increases to up to 18 years.
- Third-degree felonies: Usually punishable by up to 3 years in prison, or up to 6 years if the offense resulted in death.
- Fourth-degree felonies: The least severe felony category, often punishable by up to 18 months in prison, or up to ten years if the sexual exploitation of children is involved.
Aggravating factors (like using a deadly weapon or harming a child) can enhance penalties, pushing a lower-level felony into a more serious sentencing bracket.
What Are the Penalties for a Felony Conviction?
In New Mexico, the penalties for a felony conviction go beyond time behind bars. Here’s what you might face:
- Incarceration: Prison sentences vary by degree, with some felonies carrying mandatory minimum terms.
- Fines: Fines can range from hundreds to tens of thousands of dollars.
- Permanent criminal record: A felony conviction becomes part of your permanent record, which can limit employment, housing, and educational opportunities.
- Loss of rights: Convicted felons may lose the right to vote, own firearms, or serve on a jury.
- Other collateral consequences: A felony conviction can impact your ability to obtain professional licenses, receive federal student aid, qualify for certain government benefits, or maintain immigration status if you’re not a U.S. citizen.
These consequences can follow you for years after your sentence ends, making it critical to fight the charges or negotiate for lesser penalties whenever possible.
What to Do If You’re Charged With a Felony
Being charged with a felony can be overwhelming. The most important step you can take is to speak with an experienced criminal defense attorney in Albuquerque, NM, as soon as possible. Legal aid can help you:
- Protect your rights: Your attorney will ensure that law enforcement and prosecutors don’t violate your rights.
- Build your defense: A lawyer can investigate the charges, gather evidence, and interview witnesses to build a strong case.
- Negotiate outcomes: In some cases, felony charges can be reduced to misdemeanors or dismissed entirely.
- Prepare for court: If your case goes to trial, a defense attorney will advocate for you every step of the way.
Trying to handle a felony charge on your own can result in harsher penalties and a long-term impact on your future.
Understanding Felonies and Your Rights
If you or a loved one is facing a felony in New Mexico, it’s crucial to understand your rights and take action quickly. A knowledgeable criminal defense lawyer can help you understand the charges, develop a strategy, and fight for the best possible outcome.
Don’t wait to get the support you need—your freedom and reputation may depend on it. To learn more, reach out to Jones Criminal Defense Attorneys at (505) 248-1400 to schedule a time to speak with an Albuquerque criminal defense attorney.