Felony

Felony Attorney in New Mexico

Facing felony charges can be a daunting and life-altering experience. The criminal justice system is fast-paced, intimidating, and complex. A felony conviction carries severe penalties, including significant prison time, steep fines, and long-term consequences that can impact your future. Understanding the potential consequences and working with an experienced felony attorney in New Mexico is essential to protecting your rights and securing the best possible outcome.

Mitchell Law Offices, LLC is committed to providing strong legal representation for individuals accused of felonies. Our team offers a free initial case consultation to help you understand your charges and explore your legal options.

Potential Consequences

Felony offenses are categorized by degrees, each carrying different penalties. If you are convicted of a felony in New Mexico, the severity of your sentence will depend on the classification of the crime and the circumstances surrounding your case.

A conviction may lead to a prison sentence of up to eighteen (18) years and/or a fine of up to $15,000. If the accusation involves the death of a child, the sentence may be increased to life in prison and a possible fine of up to $17,500.

A conviction may lead to a prison sentence of up to nine (9) years and/or a possible fine of up to $10,000. If the accusation involves the death of a child, the sentence may be increased to up to fifteen (15) years in prison and/or a fine of up to $12,500.

A conviction may lead to a prison sentence of up to three (3) years and/or a possible fine of up to $5,000. If the accusation involves the death of another person, the sentence may be increased to up to six (6) years in prison and a fine of up to $5,000.

A conviction may lead to a prison sentence of up to eighteen (18) months and/or a possible fine of up to $5,000.

Gavel and handcuffs on wooden brown table background

Other Considerations

New Mexico law imposes additional penalties if a firearm is used during the commission of a felony. If you are convicted of a felony that involves a firearm, the judge is required to enhance your sentence based on the specific circumstances:

  • Suppose your allegation involves the use of a firearm in relation to a drug transaction or during the commission of an aggravated burglary, for example. In that case, if you are convicted, the judge is required to enhance your sentence by one (1) additional year of jail/prison time.
  • Suppose your allegation involved brandishing a firearm during the commission of a noncapital felony. In that case, if you are convicted, the judge is required to enhance your sentence by three (3) additional years of jail/prison time.
  • Suppose your allegation involved the discharge of a firearm during the commission of a noncapital felony. In that case, if you are convicted, the judge is required to enhance your sentence by five (5) additional years of jail/prison time.

In addition to New Mexico’s firearm enhancement laws, the maximum sentence you are facing, should you be found guilty of your felony charge by plea or by jury, may also be increased depending on how many prior felony convictions you’ve had. According to New Mexico law, depending on your history of prior felony convictions, your max sentence of possible imprisonment may be increased by a range of one (1) to eight (8) years in addition to the potential imprisonment time allowed for under the felony charge you’ve been found guilty of.

Collateral Consequences of a Felony Conviction

Beyond prison time and fines, a felony conviction can carry long-term consequences that affect many aspects of your life, including:

  • A felony conviction will result in the cancellation of voting rights until all conditions of your sentence have been completed.
  • A felony conviction will disqualify you from serving as a juror in New Mexico until all conditions of your sentence have been completed.
  • A felony conviction will result in the loss of gun ownership rights.
  • A felony conviction could also result in the loss of employment or difficulty finding employment, inability to obtain certain private, state, or federal loans, inability to obtain certain housing, deportation, and a social stigma that could impact you for the rest of your life.

A third-offense DWI under New Mexico law carries a maximum sentence of up to 364 days in county jail. If you are convicted, the judge is required to impose a mandatory minimum of 30 consecutive days in jail.
You may also be fined up to $1,000, with $750 of that amount being mandatory. Additionally, you could be placed on supervised probation for up to five (5) years.

Upon conviction, you must complete 96 hours of mandatory community service. You will also be required to undergo a substance abuse screening and complete any recommended treatment. This may include a 28-day inpatient program, a minimum of 90 days in an outpatient substance abuse treatment program, or participation in a drug court program.

Furthermore, you will be restricted to operating only vehicles equipped with an ignition interlock device for a period of three (3) years. If your DWI allegation involves an accident that caused property damage, restitution may be ordered. Court costs and fines/fees typically range from $380 to $700, depending on the circumstances.

Aggravated DWI Third Offense Penalties:

If your third-offense DWI is classified as aggravated, the penalties will be significantly harsher. A conviction for an aggravated DWI third offense requires the judge to impose a mandatory minimum of 90 consecutive days in county jail. This 90-day mandatory sentence may be imposed in addition to any time you already served during your initial arrest.

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Protect Your Future with an Experienced Felony Attorney

A felony conviction can change your life forever, but you do not have to face these charges alone. At Mitchell Law Offices, LLC, we understand the seriousness of felony charges and are committed to providing dedicated legal representation to protect your rights. Our experienced legal team will fight for the best possible outcome in your case, whether through negotiation, defense at trial, or exploring alternative sentencing options.

Take the first step in protecting your future. Contact Mitchell Law Offices, LLC today for a free initial case consultation. Let us help you navigate the complexities of the legal system and work toward the best resolution for your case.