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First Degree Felony in New Mexico
New Mexico categorizes felony crimes into five classes:
- Capital felony
- First-degree felony
- Second-degree felony
- Third-degree felony
- Fourth-degree felony.
Each classification describes different types of crimes based on their severity.
Per NMSA 1978, § 31-18-15(A)(1), first-degree felonies have the most severe penalties under New Mexico's penal code. This class of felony comprises serious offenses, which include:
- First-degree murder
- Kidnapping in the first-degree
- Criminal sexual penetration (CSP) in the first degree
- Abuse of a child resulting in death
- Aggravated criminal sexual contact with a child
- Felony murder (first-degree murder by commission of a felony).
New Mexico no longer applies capital punishment, even for first-degree murder. In New Mexico, some first-degree offenses may result in life imprisonment with the possibility of parole. However, while aggravating factors may elevate the penalties for first-degree felonies to life in prison without parole, mitigating factors such as lack of criminal history, mental impairment, and cooperation with authorities may lessen the sentences.
Public Access to First Degree Felony Records in New Mexico
Under the New Mexico Inspection of Public Records Act (IPRA), felony records are generally public. However, some of these documents may be entirely or partially accessible. For instance, in New Mexico, a felony record is not publicly disclosable if it is sealed or expunged, relates to a juvenile, or contains personally identifying information, including Social Security Number and exact home address.
There are various resource tools for accessing felony records in New Mexico. The NM Courts Case Lookup Portal offers access to information about criminal convictions, including first-degree felonies. Users may access basic information for free using case numbers, driver's license numbers, and other search criteria. In addition to the case lookup portal, record seekers may access information about individuals incarcerated for first-degree felony offenses at state prison facilities through the New Mexico Corrections Department Offender Search portal.
More detailed information on first-degree felony case records is available through the Secured Odyssey Public Access (SOPA) for registered users or re:Search®NM. However, these options require eligibility and registration.
For full case files, older records, or documents not available online, call, email, or visit the Clerk of Court in the county where the felony was committed. Access to first-degree felony records through the Clerk of Courts will require the case number or full case name, in addition to payments for copies.
Requesters should note that they must file requests under IPRA to access older records or file legal petitions to access non-public New Mexico first-degree felony records.
| Source | Access Type | Website / Location |
|---|---|---|
| Clerk of Court | Mail/In-person | New Mexico Clerk of Court offices in the counties where the specific felony cases were filed. For instance, the Second Judicial District Court Clerk's Office |
| State Court System | Online portal |
|
| Department of Corrections | Online | New Mexico Corrections Department Offender Search portal |
| Third-party record search | Online (may charge) | Newmexicocourtrecords.us |
Common Crimes Classified as First Degree Felonies in New Mexico
In New Mexico, first-degree felonies refer to a class of offenses comprising the most severe crimes. This is the most serious sub-category of the felony class; it contains crimes punishable with up to life imprisonment without the possibility of parole. According to New Mexico's penal code, first-degree felonies include:
- Murder
- Kidnapping
- Criminal sexual penetration of a minor
- Armed robbery with a deadly weapon
- Sex trafficking of a minor younger than 13
- Aggravated criminal sexual penetration.
The FBI, through its Uniform Crime Reporting program, listed 15,276 violent crime incidents for New Mexico in 2024 and 15,843 in 2023. The table outlines the statistics for homicide, robbery, and aggravated assault.
| Crime | 2024 | 2023 | Percentage Difference |
|---|---|---|---|
| Aggravated Assault | 12,515 | 12,906 | -3.03% |
| Homicide | 224 | 250 | -10.40% |
| Rape | 1,040 | 1,029 | +1.07% |
| Robbery | 1,391 | 1,541 | -9.73% |
| Arson | 183 | 190 | -3.68%. |
| Crime | Brief Description |
|---|---|
| Murder in the first-degree | Murder in the first-degree is the unlawful, willful, deliberate, and premeditated killing of a person. This act may result from the commission of a felony, or actions of depraved mind or wanton disregard for human lives (NMSA 1978, § 30-2-1(A)) |
| Kidnapping with aggravating circumstances | An individual commits kidnapping with aggravating circumstances if they restrain, confine, or transport another person by force, intimidation, or deception. This includes holding the victim for ransom, as a hostage, as a shield, or to inflict injury, death, or a sexual offense (NMSA 1978, § 30-4-1(A)) |
| Robbery while armed with a dangerous weapon | A person is guilty of robbery if they take property from others by force or threats. If the offense involves a deadly weapon in more than one incident, it becomes an aggravated offense, a first-degree felony (NMSA 1978, § 30-16-2) |
| Criminal sexual penetration in the first-degree |
An Individual commits criminal sexual penetration by:
|
Prison Sentences and Fines for First Degree Felonies in New Mexico
The sentencing range and fines for first-degree felonies in New Mexico are based on the guidelines of NMSA 1978, § 31-18-15(A)(1). New Mexico does not apply a one-size-fits-all approach to sentencing felons. Typically, the length of prison terms for first-degree felonies in New Mexico depends on their aggravating or mitigating factors and the offender's criminal history.
In New Mexico, the standard penalty for a first-degree felony is 18 years in prison, in addition to a $15,000.00 fine. However, the prison term and fine for a first-degree felony will be elevated if there are aggravating factors. For instance, an aggravated criminal sexual penetration or a first-degree felony that results in the death of a child will result in life imprisonment. A judge may also increase the prison term and fines for a first-degree felony if:
- It involves the use of a firearm
- The offender has previous felony convictions. The penalty may be life imprisonment if there are multiple convictions for violent felonies or sexual offenses.
Likewise, a judge may impose a lesser sentence for a felony if mitigating factors lead to the offense.
| New Mexico First-degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| First-degree murder | Life imprisonment | Not specified |
| Robbery while armed (second or subsequent offense) | 18 years | $15,000.00 |
| First-degree felony resulting in the death of a child | Life imprisonment | $17,500.00 |
| Aggravated criminal sexual penetration | Life imprisonment | $17,500.00 |
| Criminal sexual penetration in the first-degree | 18 years | $15,000.00 |
| Kidnapping | 18 years as the basic sentence, unless there are aggravating factors, which may elevate it to life imprisonment. | $15,000.00 |
What is the Maximum Sentence for a First Degree Felony in New Mexico?
In New Mexico, the maximum penalty for a first-degree felony depends on the specific crime. Typically, a court may sentence an offender to a maximum of 18 years in prison and a fine of $15,000.00 for non-murder cases. However, judges may increase this statutory sentence based on aggravating factors and an offender's criminal history.
The state imposes life imprisonment for special felony categories, including sexual crimes against minors, felonies that result in death, or individuals with repeat felony offenses. For a life conviction, the court may also impose a fine of $17,500.00.
What is First Degree Murder in New Mexico?
New Mexico does not classify murder as a first-degree felony. Instead, murder is a capital felony; this makes it different from first-degree crimes, such as kidnapping and criminal sexual penetration.
According to NMSA 1978, § 30-2-1(A), murder in the first-degree refers to the unlawful, deliberate, willful, and malicious killing of a human being. This killing may also occur during the commission of a felony, or by a depraved mind with disregard for human life.
Unlike other felonies that result in 18 years imprisonment, in addition to $15,000.00 fine, murder in New Mexico has a separate sentencing guideline. In New Mexico, there are two possible penalties for murder:
- Life imprisonment with the possibility of parole after 30 years
- Life imprisonment without the possibility of parole.
The sentencing for a specific murder conviction depends on the aggravating factors. New Mexico abolished the death penalty for murder and it is no longer an option for murder convictions.
Can First Degree Felony Records Be Sealed or Expunged in New Mexico?
Expungement is the legal destruction of criminal records so that they no longer appear through background checks, court databases, or other public records. Nonetheless, these records are accessible for future criminal proceedings.
New Mexico permits expunction of first-degree felony records that are not excluded by the New Mexico Criminal Record Expungement Act (NMSA 1978, §§ 29-3A-1 through 29-3A-7). Under this statute, a first-degree felony is not eligible for expunction if it involves:
- Injury or death
- Sexual offense
- Crime against a child
- First-degree murder
- Driving while under the influence of intoxicating liquor or drugs.
For eligible first-degree felonies in New Mexico, there is a 10-year waiting period after completing the sentence for the crime or serving probation or parole. Additionally, the court must find that the expungement is in the interest of justice.
In New Mexico, the expungement of a juvenile felony record is automatic if a children's court attorney files a motion when the offender is not delinquent or completes an informal program or probation for a less serious offense. Petitioners should also note that having pending criminal charges during the waiting period disqualifies them, the District Attorney's Office may object to the expunction, and a judge has the discretion to deny the request.
Difference Between First Degree and Second Degree Felonies in New Mexico
There are clear distinctions between first-degree and second-degree felonies in New Mexico. While these classifications may refer to the same crime, the differences are in their severity and penalties.
First-degree felonies in New Mexico are the most serious offenses. These include premeditated crimes involving extreme violence, death, danger to life, and serious harm. The penalties for first-degree felonies are the harshest under New Mexico's penal code.
By comparison, second-degree felonies in New Mexico also refer to serious crimes without deliberation or premeditation. However, New Mexico does not consider this category of offense as severe as first-degree felonies. Hence, they attract lesser punishment than first-degree felonies. For instance, the penalty for first-degree murder in New Mexico is life imprisonment without parole, or life in prison with the possibility of parole after 30 years. Conversely, a second-degree murder in New Mexico may result in 15 years imprisonment, plus up to $12,500.00 fine.
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First-degree |
|
|
| Second-degree |
|
The basic sentence is 9 years imprisonment with an extra 1 year for firearm use. Additionally, there may be an extra 4 to 8 years for habitual offender enhancement. |
Statute of Limitations for First Degree Felony Charges in New Mexico
The statute of limitations refers to the legal timeline for filing criminal charges. In New Mexico, prosecutors have specific time frames to file charges against individuals they suspect of committing first-degree felonies. Otherwise, forfeit the right to legally prosecute them if these legal periods expire. The reasons for the statute of limitations are to:
- Protect suspects from indefinite legal uncertainty
- Encourage law enforcement to be diligent in investigating crimes
- Ensure fairness through timely prosecutions while the evidence and witnesses' memories are fresh.
According to NMSA 1978, § 30-1-8, prosecutors have a six-year window period from the date of commission of a first-degree felony to bring the case before a judge. However, there are exceptions for murder, sexual offenses against minors, and violent crimes resulting in great bodily injury. There are no statute of limitations for these types of first-degree felonies, and prosecutors may file charges at any time.
Probation and Parole Eligibility for First Degree Felonies in New Mexico
Probation and parole are two different legal actions in New Mexico.
Probation
When courts grant a sentence of probation for an eligible offense, they place an offender under a period of community supervision instead of incarceration. A court orders probation during the sentencing phase. The court may suspend or defer a sentence and place the offender on probation if the offense statute allows it.
As a general rule, violent first-degree felonies and murder are not eligible for probation in New Mexico. An offender is not eligible for probation for first-degree murder or if the crime relates to violent or sexual offenses, such as:
- First-degree criminal sexual penetration
- Child abuse resulting in death
- Kidnapping with aggravating factors
- Armed robbery resulting in great bodily harm
- Crimes involving firearms causing death or great bodily harm
- Aggravated drug trafficking in large quantities.
Parole
Parole is the early release of a convict from prison under supervision after serving part of the sentence for their specific crime. In Mexico, the statutory authority to grant, deny, or revoke parole is with the New Mexico Parole Board. First-degree felons serving prison terms in New Mexico may petition for parole after serving 85% of their sentences. If the sentence is life imprisonment with parole, the offender must serve 30 years of the life sentence. Violation of the terms of parole will result in revocation and a return to prison. An offender on parole must:
- Observe regular check-ins with their parole officers
- Undergo drug testing
- Maintain employment or education
- Avoid further criminal activities.
| Term | Definition | Eligible for first-degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Depends on the crime. Violent crimes and murder are not eligible |
| Parole | Early supervised release from prison | After serving 85% of the sentence for a first-degree felony, or 30 years for a life imprisonment with the possibility of parole. |
Impact of a First Degree Felony Conviction on Criminal Records in New Mexico
A First-degree felony conviction in New Mexico has long-term consequences whose impact may extend beyond the legal penalties. In New Mexico, certain first-degree felony records are not eligible for expunction and remain permanently accessible to interested entities through official and third-party sources. Having a New Mexico first-degree felony record may negatively impact job opportunities, professional certifications, housing options, and social status.
Individuals with first-degree felony records in New Mexico are not eligible for jury duty and cannot possess firearms for the first ten years after completing their sentences. Additionally, convicts of first-degree felonies in New Mexico cannot vote while in prison, or hold public offices unless they receive pardon certificates from the State Governor restoring their civil rights.
Additionally, for non-citizens, first-degree felony records may potentially affect immigration status, eligibility for visas, or ability to obtain citizenship.