Misdemeanor Offenses
The criminal justice system can be fast-paced, intimidating, and complex. The foregoing explanation of potential consequences and how an attorney can assist you with your misdemeanor charge is non-exhaustive. Take advantage of a free initial case consultation with our office today to learn more about your charge and options moving forward.
Potential Consequences:
(1). Full Misdemeanor Criminal Offense:
Pursuant to New Mexico law, if you are found guilty of a crime constituting a misdemeanor, the judge "shall" sentence you to be imprisoned in the county jail for up to one (1) year or order that you pay a fine of not more than one thousand dollars ($1,000.00). Or, the judge has the discretion to sentence you to a combination of both jail and payment of a fine. However, depending on how well your attorney handles your case, instead of serving any jail time and paying a hefty fine if you are found guilty of a criminal misdemeanor, you may only have to serve a term of probation for up to one (1) year and pay a minimal fine, if any.
(2). Petty Misdemeanor Criminal Offense:
Pursuant to New Mexico law, if you are found guilty of a crime constituting a petty misdemeanor, the judge "shall" sentence you to be imprisoned in the county jail for up to six (6) months or order that you pay a fine of up to five hundred dollars ($500.00). However, depending on how well your attorney handles your case, instead of serving any jail time or paying a hefty fine if you are found guilty of a criminal petty misdemeanor, you may only have to serve a term of probation for up to six (6) months and pay a minimal fine, if any.
Other Considerations:
(1). Crimes of Moral Turpitude
State law makes a distinction between crimes involving moral turpitude and crimes not involving moral turpitude. A crime of moral turpitude is essentially a crime involving behavior that deviates from societal norms by constituting behavior that is viewed by society as immoral, unethical, or shocking. Crimes that either do involve or may involve moral turpitude include, but are not limited to: (1). Robbery; (2). Burglary; (3). Driving with a Suspended/Revoked License; (4). Fraud; (5). Forgery; (6). Fraudulent use of a credit card; (7). Larceny; (8). Shoplifting; (9). Receiving stolen property; (10). Battery upon a household member; (11). Assault upon a household member; (12). Prostitution, etc.
If you are found guilty of a crime of moral turpitude, your life may be negatively impacted in several ways, such as loss of employment or an inability to obtain certain employment or licenses. Further, in the event you ever testify in any future court proceedings (either civil or criminal), your prior conviction constituting a crime of moral turpitude may also be used against you by the opposing party to attack your credibility as a witness. And most importantly, being convicted of a crime of moral turpitude may be detrimental to your immigration status.
How We Can Help:
Retaining a competent criminal defense attorney will help protect your future in the following ways:
(1). Engaging in the truth-finding process of criminal litigation by reviewing the State's evidence for any possible legal defenses; (2). Reviewing the evidence against you for any constitutional errors; (3). Conducting independent investigation, if necessary; (4). Arguing to avoid or reduce potential jail time; (5). Negotiating with the prosecuting officer on your behalf to get charges dismissed or reduced; (6). Working to mitigate any potential fines and fees; (7). Negotiating with the prosecuting officer for the best possible plea offer under the facts and circumstances of your case should you choose to accept one; (9). And, if you are found guilty after trial or plea guilty to your misdemeanor charge, by aggressively advocating on your behalf at sentencing for a disposition that will limit any negative impacts that being found guilty of a criminal misdemeanor may have on your life.
While your case is pending, rather than only working towards a favorable plea offer for your case, a competent criminal defense attorney will also work from day one to build a strong legal defense and aggressively fight for your interests in the event you choose to exercise your constitutional right to proceed to trial.
If you ultimately decide that it is in your best interest to accept a plea offer or if you are found guilty at the conclusion of trial, how your case is ultimately disposed can have long term impacts on your life. When found guilty of a misdemeanor offense in New Mexico, at sentencing, you can receive either a deferred sentence or a suspended sentence. A good defense attorney will always fight hard to persuade the judge to grant you a deferred sentence as opposed to a suspended sentence.
For information on the differences between a deferred sentence and a suspended sentence, please utilize the following link:
https://lawofficeofmitchell.com/faq