Few things shake a family’s foundation like a child being accused of a serious crime. In an instant, your world is flipped upside down. Regular worries about curfews and homework are a thing of the past, and the terrifying reality looms – “Can my child be tried as an adult?
New Mexico law does provide for some youth to be subject to adult criminal sanctions; however, the rules governing this process are extremely limited. Whether a child will face adult sanctions will depend solely on the type of charges filed, their age at the time the charges are filed, and how the prosecution decides to file the charges.
If you are currently looking into juvenile charged as adult in New Mexico, the most important thing to know is this: if the state is considering adult punishment for the charges against your child, the stakes are as high as they get, and it is best to have experienced legal representation.
What Is the Difference Between Juvenile Court and Adult Court?
In juvenile court cases, the goal of the court is to hold youth accountable for their actions, but also recognize that youth are developing. This means that when a judge makes a decision about what will happen with a youth’s life, they will be considering many things, such as education, family support, the youth’s need for treatment of addiction or mental health concerns, past traumatic experiences, how mature the youth is, and whether or not supervision will allow them to continue on without putting themselves or others at risk.
Adult court is different in tone and consequence. Proceedings are more public, the language shifts from adjudication to conviction, and penalties can affect prison exposure, college plans, housing, employment, licensing, and background checks.
When Can a Juvenile Be Charged as an Adult in New Mexico?
The two primary ways the state of New Mexico uses to decide whether a juvenile will be tried as an adult are:
- Serious Youthful Offender Status: The most direct pathway from the juvenile court into the adult justice system is through SYO status. A teenager is considered a serious youthful offender when they are indicted or bound over to district court for first-degree murder. As soon as this occurs, the teen’s case is transferred directly to the adult justice system.
- Youthful Offender Status: On the other hand, YO status allows a teen to remain in the juvenile justice system but exposes them to possible adult sentences or punishments. Crimes which may result in a teen being placed in YO status include second-degree murder, kidnapping, criminal sexual penetration, robbery, aggravated arson, and child abuse resulting in great bodily harm or death. While these charges can expose a child to adult sentencing, adult punishment is not automatic and requires a specific legal process.
It is also important to note that while manslaughter is a serious homicide-related charge, it carries different legal standards and should not be lumped together with first-degree murder.
Can a 15-Year-Old Be Tried as an Adult in New Mexico?
Yes – if there are sufficient legal grounds for it, a fifteen-year-old could be tried as a “Serious youthful offender” for first-degree murder.
For other serious charges, the answer is more nuanced. A teenager may face adult sentencing risk, but the court still has to follow the required process.
Advocacy early on also makes sense. In some cases, the defense attorney will challenge the seriousness of the offense before trial so that they can alter the direction of the case early on.
What Factors Do Courts Consider?
In youthful offender cases, the court considers whether the child is amenable to treatment or rehabilitation through available juvenile resources whenever possible.
| What the court may look at | Why it matters for the defense |
| Charge level | Different serious charges can lead to different risks, procedures, and sentencing options. |
| Child’s development | Age, maturity, trauma, disability, and mental health may affect sentencing. |
| Prior history | A limited record may support a rehabilitation-focused argument. |
| Support plan | School records, treatment options, and family structure can help show a strong path forward. |
Parents often wonder when to hire a juvenile defense attorney: The answer is as early as possible, before interviews, before assumptions harden, and before important evidence disappears.
What Penalties Could a Juvenile Face?
The court would have the authority to use juvenile sanctions, which could include probation, counseling, treatment, supervision, placement, or commitment through juvenile services. For cases where a young person is ordered committed after being found guilty in a youthful offender case, it’s possible that the commitment could last until the young person reaches the age of 21.
In the event an adult sentence was imposed on a young person, the penalties could be severe. New Mexico has limits on extreme youth sentencing, including parole eligibility protections for serious youthful offenders and youthful offenders sentenced as adults. Being eligible for parole does not mean that a young person will necessarily be released from prison.
Does an Adult Conviction Stay on a Juvenile’s Record Forever?
While it may be possible for a parent to have some of their child’s records expunged, many parents need to be aware that several of the serious offenses mentioned above will likely not qualify for expungement. Some of these offenses include sex offenses, offenses committed against minors, and those causing great bodily harm or death.
A juvenile case can affect education, future work, housing, military eligibility, and reputation long after court. That is why the goal is also to protect the child’s future.
Can a Case Move Back Toward Juvenile Treatment?
Depending on how the case develops in terms of the charges, plea, or trial outcome, it may be possible for the case to move back toward some form of juvenile sanctioning. If a serious youthful offender is not convicted of first-degree murder, the final result can change the sentencing analysis. The court may have to reconsider either the youthful offender procedures or juvenile sanctions as opposed to adult punishment.
A defense strategy may focus on identity, intent, police procedure, witness reliability, forensic assumptions, constitutional violations, or whether the alleged facts fit the adult-sentencing pathway.
Talk to Lizzy Bunker About a Serious Juvenile Case
Lizzy Bunker, Attorney at Law, is a New Mexico criminal defense lawyer who also represents juveniles in their cases. Her firm sends a clear message: your child has a bright future worthy of protection from serious accusations.
If your family needs help with a juvenile charged as an adult in a New Mexico case, contact Lizzy Bunker, Attorney at Law at 505.464.4844, for a free consultation. A free consultation will allow early intervention. This may assist in protecting the rights of the client, challenging the state’s evidence, and fighting for the most positive result available.