New Mexico State law

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1). Assault with intent to commit a violent felony (§ 30-3-3, 3rd-degree felony) is not covered by this entry.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, firearm enhancement (§ 31-18-16).. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§ 31-19-1): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000. Note: in New Mexico battery is a petty misdemeanour, the same class as assault.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Victim-status offences (e.g. assault on a peace officer, §§ 30-22-21–30-22-26; assault/battery on school or health-care personnel, §§ 30-3-9–30-3-9.2), priors, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1). Protective orders are issued under the Family Violence Protection Act (Ch. 40, Art. 13); violation of an order of protection is a separate matter and can also trigger the firearm prohibition in § 30-7-16.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Protective-order proceedings, stalking (§ 30-3A-3), probation terms, treatment-programme costs, priors beyond tier, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§ 31-18-15): 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony resulting in the death of a human being = basic sentence 6 years, fine up to $5,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1). Homicide by vehicle (§ 66-8-101) is a separate offence and is not covered by this entry.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

The death penalty was abolished in New Mexico in 2009 (Laws 2009, ch. 11); the maximum sentence for a capital felony is life imprisonment without possibility of release or parole (§ 31-18-14). First-degree murder includes wilful, deliberate and premeditated killing, felony murder, and depraved-mind killing. Second-degree murder is a second-degree felony resulting in the death of a human being: basic sentence 18 years (raised from 15 years by Laws 2024, ch. 51), fine up to $12,500 (§ 31-18-15).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Aggravating circumstances for life without parole (§§ 31-20A-2, 31-20A-5), priors, plea, discretion.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000; 1st-degree felony = basic sentence 18 years, fine up to $15,000; 1st-degree felony for aggravated criminal sexual penetration = life imprisonment, fine up to $17,500; 2nd-degree felony for a sexual offence against a child = 15 years, fine up to $12,500. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1). Sex-offender registration (Ch. 29, Art. 11A) is not reflected in the tiers.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Criminal sexual contact of a minor (§ 30-9-12.1), sexual exploitation of children (§ 30-6A-3), habitual-offender enhancements, sex-offender registration.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§ 31-18-15): 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, possession of burglary tools (§ 30-16-5).. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§ 31-18-15): 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000; 1st-degree felony = basic sentence 18 years, fine up to $15,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1). The second-or-subsequent armed-robbery enhancement requires a prior armed-robbery conviction (State v. Garcia, 1978-NMSC-039).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, firearm enhancement (§ 31-18-16).. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, restitution, value aggregation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; 4th-degree felony = basic sentence 18 months, fine up to $5,000. Damage is measured by the lesser of repair cost or replacement cost (case law). Criminal damage to property of a household member (§ 30-3-18) is covered in the domestic-violence entry.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Graffiti-specific provisions, priors, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Embezzlement (§ 30-16-8), securities fraud, insurance fraud, and other fraud-specific statutes; priors, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000; 1st-degree felony = basic sentence 18 years, fine up to $15,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1); habitual-offender (§ 31-18-17) and firearm (§ 31-18-16) enhancements may increase a sentence. Adult possession of up to 2 oz of cannabis is lawful under the Cannabis Regulation Act (2021); § 30-31-23 no longer covers marijuana. Conditional discharge for a first possession offence is available under § 30-31-28. The bill quoted also proposes a new Subsection G (probation-violation sentencing); that proposal is not included here because its enactment was not verified.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, conditional discharge, treatment/diversion, habitual-offender enhancement.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000; 1st-degree felony = basic sentence 18 years, fine up to $15,000. A court may alter a felony basic sentence by up to one-third (§ 31-18-15.1); habitual-offender (§ 31-18-17) and firearm (§ 31-18-16) enhancements may increase a sentence. Covers manufacture, distribution, sale, barter, giving away, and possession with intent to distribute. Marijuana distribution was removed from § 30-31-22 by the 2021 Cannabis Regulation Act and is regulated under that Act.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, distribution to a minor (§ 30-31-21), habitual-offender enhancement.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000. 'Felon' means a person convicted of a felony less than 10 years since completing sentence or probation, not pardoned, and not given a deferred sentence (§ 30-7-16(E)(3)). Open carry is generally protected by N.M. Const. art. II, § 6; concealed carry requires a licence under the Concealed Handgun Carry Act. Negligent use (§ 30-7-4), switchblades (§ 30-7-8), and machine guns are not covered by this entry.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Federal firearms law, priors beyond tier, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Per se alcohol concentration is 0.08 (0.04 for a commercial motor vehicle) within 3 hours of driving. Aggravated DUI = alcohol concentration 0.16 or more, bodily injury caused by the unlawful operation, or refusal of chemical testing. New Mexico has no lookback period: every prior DUI conviction counts. Felony DUI fines follow § 31-18-15(E) (4th/3rd-degree up to $5,000; 2nd-degree up to $10,000). Licence revocation, ignition interlock, screening and treatment requirements, and community service are not reflected in the fine/imprisonment tiers.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Homicide by vehicle (§ 66-8-101), priors beyond tier, plea, discretion, county variation, licence and interlock consequences.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Class mapping (§§ 31-19-1, 31-18-15): petty misdemeanour = county jail up to 6 months, fine up to $500; misdemeanour = county jail less than 1 year, fine up to $1,000; 4th-degree felony = basic sentence 18 months, fine up to $5,000; 3rd-degree felony = basic sentence 3 years, fine up to $5,000; 2nd-degree felony = basic sentence 9 years, fine up to $10,000. Case law limits the Act to abuse of computer sophistication (unauthorised access, fraudulent data, alteration/destruction); merely using a computer as a passive conduit for another crime is not covered (State v. Garcia, 2015-NMCA-094).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Solicitation of a child by computer (§ 30-37-3.2), criminal sexual communication with a child (§ 30-37-3.3), priors, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.