In New Mexico, a felony is defined as any crime defined by law or conviction for a sentence of death or imprisonment for one year or more. There are five types of felonies in New Mexico. These categories can be broad and differ slightly from other state jurisdictions. New Mexican law is complex, with several variations in its criminal statute for increasing sentences for specific crimes. Crimes involving gangs, for example, may carry harsher penalties.
Felony Classes in New Mexico
The first felony classification, and by far the most serious, is that of a Capital Felony. Murder in the first degree and felony murder are examples of capital felonies. This felony carries a life sentence in a state prison with the possibility of parole or early release. Death is a possible sentence in some cases.
In New Mexico, a First Degree Felony can include manslaughter, kidnapping, robbery with a deadly weapon, arson, rape, and other sexual crimes. Depending on the severity of the crime, first-degree felonies can result in up to eighteen years in prison or less.
Shooting at or from a motor vehicle that causes bodily harm to another person, robbery, and sexual exploitation of a minor are all examples of Second Degree Felonies. A Second Degree Felony can result in up to nine years in a state facility.
Voluntary manslaughter, assault with intent to commit a felony, theft, driving under the influence, aggravated battery, and criminal use of ransom are all third-degree felonies. Third-degree felonies can result in up to three years in a state prison.
The fourth degree felony is the last of the New Mexican felonies. Aggravated assault, involuntary manslaughter, and assisting suicide are all examples of this felony. A Fourth Degree Felony is punishable by up to eighteen months in prison.
Criminal Prosecution in New Mexico
When a felony criminal prosecution is initiated in New Mexico, statutes are limited. There are no restrictions in the case of a Capital Felony or a First Degree Felony. Second-degree felonies are sentenced to six years in prison. Third and fourth degree felonies are both sentenced to five years in prison.
Certain crimes have statutes of limitations that can be extended. Identity theft, theft, and crimes against minors are among the specific crimes listed. Because statutes of limitations can be extended in some cases, it is critical to consult with a criminal defense attorney after being charged with a crime. He or she will be able to build an adequate defense and adequately inform about the possibilities, crime severity, options, and potential sentences.
Felony Records Can Be Expunged in New Mexico
According to New Mexico Statute 29-3-8.1A, an arrest record can be expunged for misdemeanor and petty misdemeanor offenses where an arrest was made for a crime of moral turpitude. This means that felony expungement is not an option in New Mexico. Expungement includes the erasure of records, and felonies are considered too serious in New Mexico to be erased from an individual’s record.