- 800 Lomas NW, Suite 200, Albuquerque, NM 87102
- 505-226-2249
- max@maxpineslaw.com
At Max Pines Law, we distinguish ourselves through our extensive experience and uniquely client-centered approach, providing premier support and exceptional results in felony defense cases.
There are a staggering variety of felony offenses in New Mexico ranging from aggravated assault and battery, to property crimes; from theft to tampering with evidence.
What they all have in common is the powerful, lifetime effects they can have on the accused.
No matter the type of felony, you can be assured that Max Pines has handled it and is prepared to advise you on the situation and the possibilities, negotiate a favorable option, or take it to trial.
New Mexico recognizes five degrees of felonies. Understanding these classifications is critical because they determine potential penalties and long-term consequences.
First-Degree Felony: Includes some of the most serious crimes. The standard sentence is 18 years in prison flat..
Second-Degree Felony: Covers crimes like armed robbery (first offense), aggravated burglary, and drug trafficking. Standard penalties include up to nine years imprisonment and fines up to $10,000.
Third-Degree Felony: Includes crimes such as robbery, aggravated battery, and fraud or theft involving $2,500 to $20,000. The basic sentence is up to three years imprisonment and a $5,000 fine.
Fourth-Degree Felony: The least serious felony classification, covering offenses like commercial burglary, breaking and entering, possession of drugs, possession of a stolen car, and theft ($500-$2,500). Penalties include up to 18 months imprisonment and fines up to $5,000.
| Felony Classification | Basic Prison Sentence | Maximum Fine |
|---|---|---|
| First-Degree Felony | 18 years | $15,000 |
| Second-Degree Felony (standard) | Up to 9 years | $10,000 |
| Third-Degree Felony | Up to 3 years | $5,000 |
| Fourth-Degree Felony | Up to 18 months | $5,000 |
These are maximum sentences. And typically Judges are less interested in the fines. Actual sentences depend on criminal history, circumstances of the offense, and whether any sentencing enhancements apply.
The New Mexico Constitution provides two primary methods for prosecutors to initiate felony cases in district court.
Preliminary Examination: This is the most common method in many districts. After arrest, the case begins in magistrate court or metropolitan court. The prosecutor must prove to a judge that probable cause exists. At the preliminary hearing, your defense attorney can cross-examine witnesses, challenge evidence, and test the prosecution’s case. If the judge finds probable cause, they issue a “bind-over order,” and the prosecutor then files a “criminal information” in district court.
Grand Jury Indictment: Some districts use grand juries to initiate felony charges. A grand jury consists of 12 citizens, and at least eight must agree that probable cause exists to issue an indictment. Unlike preliminary hearings, grand jury proceedings occur without a judge present, and the defense cannot participate or cross-examine witnesses. The prosecutor presents evidence to the grand jury, which then votes on whether to return a “true bill” (indictment).
Why does this matter? The method of case initiation significantly affects your defense strategy. For a detailed analysis, read our blog post: Should I waive my prelim?
Felony cases proceed through a two-tiered court system in New Mexico.
Initial Proceedings – Lower Courts:
– Magistrate Courts: Handle first appearances and preliminary hearings but have no jurisdiction to conduct felony trials
– Bernalillo County Metropolitan Court: Serves the same function for cases in Albuquerque
These lower courts determine whether probable cause exists to send the case to district court for trial.
Trial Court – District Court: All felony trials occur in New Mexico’s district courts, which have exclusive jurisdiction over felony prosecutions. The specific district court depends on the county where the alleged offense occurred:
– Albuquerque and Bernalillo County: Second Judicial District Court
– Rio Rancho and Sandoval County: Thirteenth Judicial District Court
– Los Lunas and Valencia County: Thirteenth Judicial District Court
District courts handle all proceedings from arraignment through trial, sentencing, and post-conviction matters.
Felony case timelines vary by judicial district, but some courts have implemented specific rules to expedite criminal proceedings.
Bernalillo County Local Rule LR2-308: This special rule governs time limits for felony cases in the Second Judicial District Court (Albuquerque and Bernalillo County). The rule establishes strict deadlines for every phase of the criminal process:
Why This Matters: Prosecutors’ failure to meet these deadlines can result in case dismissal. Your defense attorney must vigilantly monitor compliance with these rules and file appropriate motions when violations occur.
Not necessarily. Whether you remain in jail depends on the outcome of pretrial release proceedings and whether the prosecutor files a pretrial detention motion.
New Mexico’s Constitutional Framework: Following constitutional amendments in 2016, New Mexico significantly limited the use of cash bail. The focus shifted to whether a defendant poses a danger to the community, not their ability to pay.
The Pretrial Detention Process: Under New Mexico law, prosecutors can file an “Expedited Motion for Pretrial Detention” asking the court to hold you in jail until trial. However, they must meet a high burden of proof.
1. Clear and Convincing Evidence: The prosecutor must prove by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community
2. Detention Hearing: The district court holds an evidentiary hearing where both sides present evidence and witnesses
3. Possible Outcomes:
– Motion Granted: You remain in custody until trial
– Motion Denied: The court sets conditions of release, which may include electronic monitoring, travel restrictions, no-contact orders, regular check-ins, or other conditions
Important Considerations:
– The burden is on the prosecution to prove detention is necessary
– You have the right to present evidence and challenge the prosecutor’s claims
– If released, violating conditions can result in your return to custody
– Even if initially detained, you can later file motions to modify release conditions if circumstances change
For a comprehensive explanation, read our detailed blog post: What will happen at my pretrial detention motion?
You can also learn more about release options in our guide: Release from Jail
Yes, dramatically. New Mexico’s Habitual Offender Enhancement statute imposes mandatory additional prison time based on your prior felony convictions.
How the Enhancement Works:
– One prior felony conviction: Adds one year to your sentence (mandatory)
– Two prior felony convictions: Adds four years to your sentence (mandatory)
– Three or more prior felonies: Adds eight years to your sentence (mandatory)
Mandatory Time: The enhancement “shall not be suspended or deferred.” This means the judge has no discretion the additional time must be imposed and you must serve it.
Consecutive Sentences Multiply Impact: If you’re convicted of multiple felonies in the same case, each conviction can receive the habitual offender enhancement.
Timing: Prosecutors can seek habitual offender enhancement “at any time following conviction,” even years later during a probation violation hearing.
Learn more about habitual offender enhancements in our detailed analysis: Understanding New Mexico’s Habitual Offender Enhancement
Why This Matters: Habitual offender enhancements give prosecutors enormous leverage in plea negotiations. Understanding your exposure is essential to making informed decisions about your case.
New Mexico law provides several probationary dispositions that may allow you to avoid prison time.
Conditional Discharge: This is not a conviction under New Mexico law. If you successfully complete probation, your case is dismissed entirely no conviction appears on your record.
Requirements and Limitations:
– You cannot have any prior felony convictions
– You cannot have previously received a conditional discharge
– Not available for DWI offenses
– Only allowed once per lifetime
Benefits: After successful completion, you can honestly answer “No” when asked if you’ve been convicted of a felony.
Deferred Sentence: A deferred sentence is a conviction the court makes a finding of guilt but defers imposing sentence. If you successfully complete probation, the court dismisses the charges.
Important Distinctions:
– Counts as a conviction for background checks until dismissed
– Can be used for habitual offender enhancement purposes
– Appears on background checks during probationary period
Suspended Sentence: The court imposes a sentence but suspends all or part of it, placing you on probation instead. If you successfully complete probation, you avoid serving the suspended portion.
Standard Probation Conditions:
– Up to five years supervision authorized
– Supervised probation costs: up to $1,800 annually
– Support of dependents
– Treatment or counseling as required
– Restitution to victims
– Regular meetings with probation officer
– No new criminal offenses
Learn more about probationary pleas in our blog: Dispositions Available for Probationary Pleas in New Mexico
Yes. Felony convictions carry significant collateral consequences that extend far beyond prison time.
Employment Barriers: Felony convictions can restrict your ability to:
– Obtain professional licenses in healthcare, education, real estate, law, and skilled trades
– Start or operate a business
– Secure employment in many fields, particularly those involving public trust, financial responsibility, or access to vulnerable populations
Other Civil Consequences:
– Firearm possession: Federal and state prohibitions on possessing firearms
– Housing: Barriers to public housing and rental applications
– Public benefits: Ineligibility for certain government assistance programs
Duration: Some consequences are time-limited (typically a specific period from conviction or sentence completion), while others are indefinite unless you obtain relief through expungement or other legal mechanisms.
Relief Options: New Mexico’s Criminal Record Expungement Act, effective January 1, 2020, allows sealing of most felony convictions after waiting periods ranging from two to ten years, depending on the offense. Automatic sealing for eligible records began January 1, 2025.
For more information about clearing your record, read: Which Felony Crimes Can Be Expunged in New Mexico?
Probation violations can have serious consequences, including the imposition of previously suspended prison time and additional habitual offender enhancements.
Types of Violations:
– Technical violations: Failing to meet probation conditions (missed meetings, positive drug tests, failure to pay fees, travel without permission)
– New criminal offenses: Being arrested or charged with a new crime while on probation
Response System: New Mexico uses a graduated sanctions system for technical violations, ranging from increased reporting and community service to brief jail time and detention sanctions for more serious violations.
Revocation Process: If your probation officer believes you committed violations:
1. A probation violation hearing is scheduled before the judge
2. The prosecution must prove you violated conditions
3. You have the right to present evidence and testimony
4. If the judge finds you violated probation, they can continue probation with modified conditions, impose jail sanctions, or revoke probation entirely
Habitual Offender Timing: Critically, prosecutors can seek to impose habitual offender enhancements at any time during your probationary period, including at a revocation hearing. This means that even if you received a favorable plea deal initially, a probation violation can result in years of additional mandatory prison time being imposed.
Best Practices: If you’re on probation:
– Comply strictly with all conditions
– Communicate proactively with your probation officer about any difficulties
– Contact your attorney immediately if accused of violations
– Never miss scheduled meetings or court dates
Additional Resources
Explore more about criminal defense topics on our blog:
– What is a Preliminary Hearing?
– Motions in New Mexico Criminal Cases
– Timeline and Important Deadlines for Misdemeanor and Petty Misdemeanor Cases
– Should Your Criminal Defense Attorney Conduct Pretrial Interviews with Witnesses in Your Case?
Felony charges carry life-altering consequences. The decisions you make early in your case—whether to waive your preliminary hearing, how to respond to a pretrial detention motion, and whether to accept a plea offer—can determine whether you spend years in prison or obtain a favorable resolution that protects your future.
At Max Pines Law, we provide aggressive, knowledgeable defense for people facing felony charges throughout New Mexico. Attorney Max Pines understands the complexities of felony prosecution in Bernalillo, Sandoval, Valencia, and surrounding counties, and fights to protect his clients’ rights at every stage of the criminal process.
Contact us today for a confidential consultation about your felony case.
This FAQ provides general information about felony cases in New Mexico and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. For advice about your particular situation, consult with a qualified criminal defense attorney.
