Being charged with a crime in New Mexico can be overwhelming under any circumstances, but it can become even more so if you aren’t sure what the offense means. Many offenses in the state are misdemeanors, which are considered less severe than felonies but still carry consequences that can impact your future.
Learning how New Mexico law defines misdemeanors and the potential penalties can help you understand the process and prepare for what’s next.
How New Mexico Defines a Misdemeanor
Under New Mexico law, a misdemeanor is a criminal offense that is punishable by up to one year in jail and fines.
Unlike infractions (such as minor traffic tickets), misdemeanors are criminal charges that can result in a permanent record if you are convicted. This means that even though they are less severe than felonies, they should not be taken lightly.
Types of Misdemeanor Offenses
Misdemeanors in New Mexico cover a wide range of conduct. Some of the most common examples include:
- Simple assault or battery
- Shoplifting (when the value is under a certain amount)
- Trespassing
- Petty theft
- First-time DWI (in some cases)
- Possession of small amounts of marijuana (in certain circumstances)
- Disorderly conduct
- Vandalism or criminal damage to property
While these crimes do not carry the same weight as felonies like robbery or sex crimes, they can still result in jail time, financial penalties, and other long-term effects.
Petty Misdemeanors vs. Misdemeanors
New Mexico law further divides misdemeanor charges into two groups: petty misdemeanors and misdemeanors.
- Petty misdemeanors are the least severe, punishable by up to six months in jail and fines up to $500. Examples include public intoxication or minor trespassing.
- Misdemeanors (sometimes called “regular misdemeanors”) can result in up to one year in jail and fines up to $1,000. Simple battery or shoplifting of higher-value items may fall into this category.
This distinction is important because it affects not only the potential punishment but also how the case is handled in court.
What Are the Penalties for a Misdemeanor Conviction in New Mexico?
The consequences of a misdemeanor conviction in New Mexico depend on the type of offense and the facts of the case. Penalties may include, but are not limited to, the following:
- Jail time in a county facility
- Fines ranging from a few hundred to several thousand dollars
- Probation, which can include reporting requirements, community service, and counseling
- Restitution payments to compensate victims
- A permanent criminal record
Collateral consequences may also result from a conviction, such as difficulty finding housing or employment. It’s important to have an experienced attorney on your side so that you can set yourself up for as successful an outcome as possible.
How Misdemeanors Differ From Felonies
The main difference between a misdemeanor and a felony in New Mexico is the severity of the punishment. Felonies are crimes punishable by more than one year in prison and are handled in district court. Misdemeanors, by contrast, are capped at one year in jail.
Felonies also carry more severe collateral consequences, such as losing the right to vote or possess firearms. Still, misdemeanors should not be overlooked. A conviction can be used against you in future cases and create a lasting impact on your freedom.
Defending Against a Misdemeanor Charge in New Mexico
Although misdemeanors are considered lower-level crimes, defending against them is just as important as defending against a felony. Prosecutors still must prove the charges beyond a reasonable doubt, and there are often opportunities to challenge the case.
Possible defenses may include:
- Lack of evidence tying you to the offense
- Violation of your constitutional rights, such as an unlawful search or seizure
- Mistaken identity or false accusations
- Evidence that your actions did not meet the legal definition of the crime charged
In some cases, your attorney can negotiate for a reduction of the charges against you or even have them dismissed altogether.
Contact an Albuquerque Criminal Defense Lawyer at Jones Criminal Defense Attorneys for a Consultation
A misdemeanor in New Mexico is a criminal offense that can result in up to one year in jail, fines, and a permanent criminal record. Offenses range from petty crimes like disorderly conduct to more serious acts like battery or first-time DWI. While less severe than felonies, misdemeanors still carry consequences that can dramatically affect your life.
If you’ve recently been charged with a misdemeanor offense, contact an experienced Albuquerque criminal defense attorney at Jones Criminal Defense Attorneys to schedule a consultation at (505) 248 1400.