Felony, Misdemeanor or Petty Misdemeanor
Section 31-18-15 — a basic sentence for each felony degree, from eighteen years down to eighteen months
Crimes are felonies, misdemeanors and petty misdemeanors. A crime is a felony if the law says so or if a sentence of a year or more is authorized, a misdemeanor if more than six months but less than a year is authorized, and a petty misdemeanor if six months or less is.
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
| Level | Basic sentence | Most fine |
|---|---|---|
| LevelFirst degree felony | Basic sentenceEighteen years | Most fine$15,000 |
| LevelSecond degree felony | Basic sentenceNine years | Most fine$10,000 |
| LevelThird degree felony | Basic sentenceThree years | Most fine$5,000 |
| LevelFourth degree felony | Basic sentenceEighteen months | Most fine$5,000 |
| LevelMisdemeanor | Basic sentenceA definite term less than one year in the county jail | Most fine$1,000 |
| LevelPetty misdemeanor | Basic sentenceUp to six months in the county jail | Most fine$500 |
Felonies are capital, first, second, third and fourth degree. A crime declared a felony without a degree is a fourth degree felony.
The section sets longer basic sentences for some felonies, among them a first degree felony resulting in the death of a child, and felonies resulting in the death of a human being or for sexual offenses against children.
Sources for this section (5)
- NMSA 1978, § 30-1-5 — Classification of crimes
- NMSA 1978, § 30-1-6 — Classified crimes defined
- NMSA 1978, § 30-1-7 — Degrees of felonies
- NMSA 1978, § 31-18-15 — Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions
- NMSA 1978, § 31-19-1 — Sentencing authority[;] misdemeanors; imprisonment and fines; probation
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.