Felony
The justice system is fast-paced, intimidating, and complex. The foregoing explanation of potential consequences and how an attorney can assist you with your felony allegation is non-exhaustive. Take advantage of a free initial case consultation today to learn more.
Potential Consequences:
1. Felony in the First Degree:
Up to eighteen (18) years in prison and/or a fine of up to $15,000. Or up to life in prison and a fine of up to $17,500 if your accusation involves the death of a child.
2. Felony in the Second Degree:
Up to nine (9) years in prison and/or a fine of up to $10,000. Or, up to fifteen (15) years in prison and/or a fine of up to $12,500 if your accusation involves the death of a child.
3. Felony in the Third Degree:
Up to three (3) years in prison and/or a fine of up to $5,000. Or, up to six (6) years in prison and a fine of up to $5,000 if your accusation involves the death of another.
4. Felony in the Fourth Degree:
Up to eighteen (18) months in prison and/or a fine of up to $5,000.
Other Considerations:
(1). Firearm Enhancement
Under New Mexico law, if your felony allegation involves the use of a firearm and you ultimately change your plea to guilty of the associated charge(s) or are found guilty after trial of the applicable charge(s), your basic sentence may be enhanced pursuant to New Mexico's firearm enhancement laws. Consider the following:
(1)(a). If your allegation involves the use of a firearm in relation to a drug transaction or during the commission of an aggravated burglary, upon a conviction, the judge is required to enhance the basic sentence of imprisonment for the underlying charge by one (1) additional year.
(1)(b). If your allegation involved brandishing a firearm during the commission of a noncapital felony, upon a conviction, the judge is required to enhance the basic sentence of imprisonment for the underlying charge by three (3) additional years.
(1)(c). If your allegation involved the discharge of a firearm during the commission of a noncapital felony, upon a conviction, the judge is required to enhance the basic sentence of imprisonment for the underlying charge by five (5) additional years.
(2). Habitual Offender Enhancement
In addition to New Mexico's firearm enhancement laws, the max 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.
Furthermore, a felony conviction in New Mexico can carry a number of collateral consequences, including:
(1). A felony conviction will result in the cancellation of voting rights until all conditions of your sentence have been completed.
(2). A felony conviction will disqualify you from serving as a juror in New Mexico until all conditions of your sentence have been completed.
(3). A felony conviction will result in the loss of gun ownership rights.
(4). 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.
How We Can Help:
Retaining a skilled attorney who is very familiar with criminal law and procedure will help you navigate the daunting and understandably stressful process of criminal felony prosecution and help mitigate or avoid any potential consequences that may arise from your allegations.
The ways a skilled criminal defense attorney can help you while you are being accused of a felony offense include, but certainly are not limited to:
(1). Engaging in the truth-finding process of discovery by conducting interviews with the prosecutor's intended witnesses; (2). Reviewing the State's evidence for any potential constitutional errors; (3). Reviewing the State's evidence for any potential legal defenses in anticipation of potentially going to trial; (4). Conducting independent investigation, if necessary; (5). Advocating on your behalf to reduce or avoid potential jail time; (6). Advocating on your behalf to get charges dismissed or reduced; (7). Advocating for mitigation of fines and fees if you are convicted; (8). Engaging in zealous plea negotiations with the prosecutor on your behalf for a favorable plea offer; (9). Engaging in strategic trial preparation should your case move forward to trial; (10). And, if you are convicted or plea guilty to your felony charge, by aggressively advocating on your behalf at sentencing for a disposition that will limit any negative impacts that being found guilty of a felony may have on your future.
Section ten (10) of the non-exhaustive list of examples of how an attorney can assist you with your felony case is especially important. 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 felony offense in New Mexico, at sentencing, you can receive either a conditional discharge, a deferred sentence, or a suspended sentence. A good defense attorney will always fight hard on your behalf to persuade the judge to order a conditional discharge or deferred sentence.
For information on the differences between a conditional discharge, deferred sentence, and suspended sentence, please utilize the following link:
https://lawofficeofmitchell.com/faq