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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.

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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.

LevelBasic sentenceMost fine
LevelFirst degree felonyBasic sentenceEighteen yearsMost fine$15,000
LevelSecond degree felonyBasic sentenceNine yearsMost fine$10,000
LevelThird degree felonyBasic sentenceThree yearsMost fine$5,000
LevelFourth degree felonyBasic sentenceEighteen monthsMost fine$5,000
LevelMisdemeanorBasic sentenceA definite term less than one year in the county jailMost fine$1,000
LevelPetty misdemeanorBasic sentenceUp to six months in the county jailMost fine$500
  • NMSA 1978, § 31-18-15
  • NMSA 1978, § 31-19-1

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.

  • NMSA 1978, § 31-18-15
Sources for this section (5)
  1. NMSA 1978, § 30-1-5 — Classification of crimes
  2. NMSA 1978, § 30-1-6 — Classified crimes defined
  3. NMSA 1978, § 30-1-7 — Degrees of felonies
  4. NMSA 1978, § 31-18-15 — Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions
  5. 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.

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