What are the penalties for a felony in New Mexico?

Felony penalties in New Mexico range from 1.5–1.5 years for the lowest class to 18 years for the most serious [§ 31-18-15]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does New Mexico have a speedy trial requirement?

New Mexico does not have a fixed-day speedy trial clock. No statutory speedy-trial clock. The constitutional speedy-trial right applies, weighing length of delay, reasons, assertion of the right, and prejudice.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 31-18-15]. Misdemeanors carry county jail time (up to 1 year) [§ 31-19-1]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

New Mexico Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in New Mexico?

Yes, for eligible offenses [§ 29-3A-1 et seq.]. Waiting periods: 1 year (misdemeanor); 2 years (4th degree felony); 4 years (3rd degree); 6 years (2nd degree); immediate for dismissed/acquitted. New Mexico enacted comprehensive expungement law effective July 1, 2022. Most offenses eligible after waiting period. DWI and sex offenses have limited eligibility.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in New Mexico.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The New Mexico Criminal Process — Step by Step Your Rights in an New Mexico Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How New Mexico classifies criminal offenses §31-18-15

New Mexico divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class 1st degree felony: 18–18 years, up to $15,000 fine - Class 2nd degree felony: 9–9 years, up to $10,000 fine - Class 3rd degree felony: 3–3 years, up to $5,000 fine - Class 4th degree felony: 1.5–1.5 years, up to $5,000 fine

Misdemeanor classifications §31-19-1

Class Standard misdemeanor: up to 12 months, $1,000 fine - Class Petty misdemeanor: up to 6 months, $500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §31-18-15 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §31-19-1	State prison (1 year or more) §31-18-15
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §29-3A-1 et seq.	Fewer offenses eligible §29-3A-1 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §31-1-7. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

New Mexico Constitution amended in 2016 to allow pretrial detention without bail for dangerous defendants. Bail reform eliminates wealth-based detention. Risk assessment used. §N.M. Const. art. II, § 13

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §31-20-5 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in New Mexico has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §31-16-3. Law Offices of the Public Defender (LOPD) is a statewide agency providing defense through district offices.
Right to a speedy trial — New Mexico does not set a fixed number of days for speedy trial. No statutory speedy-trial clock. The constitutional speedy-trial right applies, weighing length of delay, reasons, assertion of the right, and prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in New Mexico: Felony: up to 5 years; Misdemeanor: up to 1 year §31-20-5 et seq..

⚠New Mexico has a habitual offender law §31-18-17. Enhancement: 1 prior felony adds 1 year; 2 priors add 4 years; 3+ priors add 8 years to basic sentence. Mandatory and consecutive.

Clearing your record

New Mexico does allow certain criminal records to be sealed or expunged §29-3A-1 et seq.. Waiting periods: 1 year (misdemeanor); 2 years (4th degree felony); 4 years (3rd degree); 6 years (2nd degree); immediate for dismissed/acquitted. New Mexico enacted comprehensive expungement law effective July 1, 2022. Most offenses eligible after waiting period. DWI and sex offenses have limited eligibility.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §30-31-23. Marijuana possession: Legal (up to 2 oz recreational per Cannabis Regulation Act, 2021); penalties for unlicensed distribution.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §30-3-1 et seq.. Domestic violence offenses carry additional consequences including protective orders §30-3-15 et seq..

Theft and property crimes

Classification depends on the value of property taken §30-16-1. Felony threshold: $500 (4th degree felony for $500–$2,499, §30-16-1(E)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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