Whether you are concerned about a loved one, facing charges yourself, or just want to understand your rights, there may be many reasons why you may find yourself navigating the New Mexico legal system. And, when doing so, you have probably come across the terms “misdemeanor” and “felony.”
These are essential terms to understand how your life – or the one of a loved one – will be impacted by an offense. In this guide, we will break down the difference between a misdemeanor and a felony in New Mexico so that you can set your expectations and better understand your options.
Misdemeanor vs. Felony: Understanding The Basics
In New Mexico, just like in the case of all other states in the USA and several other countries, crimes are classified by how severe they are.
Put simply, misdemeanors are the less severe group, while felonies are considered much more serious.
At its core, the difference comes down to the potential sentence a court can impose:
- Misdemeanors are generally punishable by a year or less in a local or county jail.
- Felonies, on the other hand, may be punished with longer sentences of more than a year. Jail time can sometimes be served in state prison.
Beyond these immediate penalties, each type of offense also has a different long-term impact on your life and possibilities. For instance, when an offense stays on your criminal record for life, you may see your work, like, and daily activities restricted. Here, partnering with a specialized legal team is essential to understand what’s ahead and how to best protect your rights.
What Is a Misdemeanor in New Mexico?
A misdemeanor in New Mexico refers to a wide range of offenses that are seen as less serious in the eyes of the law, usually charged with “sentence of imprisonment in excess of six months but less than one year.”
If you are charged with a misdemeanor, you may have to appear in court, sometimes several times. The penalties can include a short stay in jail, probation, fines, community service, or mandatory counseling. Additionally, it is important to know that having multiple misdemeanors, or “priors,” can make each new offense more serious and increase the severity of the penalty.
While a misdemeanor is not as life-altering as a felony, it is still a conviction that becomes part of your criminal record. This means that, even after you have paid any legal fines or served your time in jail, it might still appear in background checks, affect job opportunities, and impact activities like driving.
Penalties and Multiple Offenses
Penalties for misdemeanors will often depend on several factors, including the specific offense, the presence of past convictions, and even some aspects such as your attitude. It is normal for first-time offenders to get probation or lighter sentences. However, if you have previous misdemeanor convictions, your punishment can become more severe.
Examples of Misdemeanor Offenses
Misdemeanors might include things like a first or second DUI (without aggravating factors), shoplifting small items, simple assaults, trespassing, or minor property damage.
How Misdemeanors Can Affect Your Life and Options for Relief
While the sentence for a misdemeanor might be short or lighter, this charge can stay on your record for years to come and sometimes for life. Employers, landlords, or licensing boards can see those records when they are running background checks.
Depending on your record and the presence of additional convictions, you may also struggle to travel, get professional licenses, and even volunteer in certain settings.
However, you do have options. You can work with a qualified attorney to try and reduce charges. In some cases, older misdemeanors can be sealed or expunged from your record. But keep in mind that this process can be challenging, and you’ll need an expert legal team by your side.
What Is a Felony in New Mexico?
A felony is the most serious type of crime in New Mexico. They are usually associated with longer sentences, including steep fines, lengthy imprisonments, and, most significantly, lifelong impacts on your rights and freedom.
When someone is charged with a felony, the legal process is much more complicated.
Felonies are divided by degree: the fourth-degree is the least severe, while first-degree or capital offenses are the most severe, they may include murder.
Felony Penalties
The sentences for felonies lead to severe consequences. As mentioned, these offenses are associated with lengthy jail times. However, even after release from prison, there is often a long period of parole or probation with strict rules to follow. You may also experience the loss of certain civil rights such as voting, serving on a jury, holding certain jobs, or owning firearms.
Examples of Felony Offenses
Felonies include offenses like serious assaults, homicide, major theft or fraud, aggravated burglary, and repeat or aggravated DUI cases. Felonies can also result from repeated misdemeanors or in cases where there are aggravating factors, such as crimes against children, aggravated assault, arson, and drug trafficking.
Long-Term Effects
Felony convictions are rarely eligible for expungement. This means that they can follow you for life and affect anything from housing and employment to personal relationships and public benefits.
Beyond the legal penalties, the stigma of a felony can make it difficult to move forward. But if you are facing a felony, remember that you still have rights. Experienced legal representation can be crucial in challenging evidence, negotiating plea deals, and making sure your side is heard.
Key Differences Between a Misdemeanor and a Felony
- Severity: Felonies are much more serious than misdemeanors.
- Punishment: Felonies carry prison sentences of more than one year, while misdemeanors are capped at a year or less in county jail.
- Rights Impacted: Felony convictions can mean loss of voting rights, inability to own firearms, and major barriers to employment and housing. Misdemeanors affect fewer rights but can still be seen on background checks.
- Repeat Offenses Matter: Multiple misdemeanors can elevate to felonies. Prior convictions can lead to harsher penalties by courts.
- Record: Both types of offenses show up on criminal records, but felonies are considered more damaging and are harder to expunge.
Navigating Misdemeanor or Felony Charges
Understanding whether a charge is a misdemeanor or a felony in New Mexico is essential to understand what’s ahead. Whether you are facing charges or supporting a loved one, knowing your rights and the long-term effects makes it easier to make smart decisions. In either case, seeking trustworthy legal advice is always a key first step toward protecting your future and minimizing the impact of a criminal charge. Get in touch with our team to better understand your options and protect your rights.