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Attempt and Conspiracy

Section 30-28-1 — an attempt is a degree below the felony attempted

Crime attempted or conspired toAttemptConspiracy
Crime attempted or conspired toCapital or first degree felonyAttemptSecond degree felonyConspiracySecond degree felony
Crime attempted or conspired toSecond degree felonyAttemptThird degree felonyConspiracyThird degree felony
Crime attempted or conspired toThird degree felonyAttemptFourth degree felonyConspiracyFourth degree felony
Crime attempted or conspired toFourth degree felonyAttemptMisdemeanorConspiracyFourth degree felony
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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)
  1. NMSA 1978, § 30-28-1 — Attempt to commit a felony
  2. 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.

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