Attempt and Conspiracy
Section 30-28-1 — an attempt is a degree below the felony attempted
| Crime attempted or conspired to | Attempt | Conspiracy |
|---|---|---|
| Crime attempted or conspired toCapital or first degree felony | AttemptSecond degree felony | ConspiracySecond degree felony |
| Crime attempted or conspired toSecond degree felony | AttemptThird degree felony | ConspiracyThird degree felony |
| Crime attempted or conspired toThird degree felony | AttemptFourth degree felony | ConspiracyFourth degree felony |
| Crime attempted or conspired toFourth degree felony | AttemptMisdemeanor | ConspiracyFourth degree felony |
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
An attempt is an overt act done with intent to commit a felony that tends to but fails to accomplish it, and no one is sentenced for an attempt to commit a misdemeanor. Conspiracy is knowingly combining with another to commit a felony.
Sources for this section (2)
- NMSA 1978, § 30-28-1 — Attempt to commit a felony
- NMSA 1978, § 30-28-2 — Conspiracy
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.