What is a Second Degree Felony in New Mexico?

According to Section 30-1-7 of the New Mexico Statutes, felony offenses in the state are classified into capital felonies and first-degree, second-degree, third-degree, and fourth-degree felonies, with capital felony offenses being the most severe and fourth-degree felonies being the least. Second-degree felony offenses are really less serious than capital felonies (e.g., premeditated murder and aggravated criminal sexual penetration) and slightly less severe than first-degree felonies (e.g., non-capital murder, kidnapping, and rape).

However, second-degree felonies are more serious than third-degree felonies (e.g., voluntary manslaughter and aggravated battery), fourth-degree felonies (e.g., aggravated assault and burglary), and even more serious than misdemeanors (e.g., simple assault, petty theft, trespassing, and vandalism). Most types of crimes that constitute a second-degree felony in the state attract general penalties of up to 9 years imprisonment and fines of up to $10,000.

Which Crimes Are Considered Second Degree Felonies in New Mexico?

Common second-degree felony crimes in New Mexico include, but are not limited to:

• Armed robbery—first offense (N.M. Stat. §30-16-2)
• Aggravated burglary with a deadly weapon (N.M. Stat. § 30-16-4)
• Arson when damage is over $20,000 (N.M. Stat. § 30-17-5(f))
• Trafficking controlled substance—first offense (N.M. Stat. § 30-31-20)
• Sexual exploitation of a child under 13 (N.M. Stat. § 30-6A-3)
• Retaliation against a witness (N.M. Stat. § 30-24-3(D)
• Attempt to commit a capital or first-degree felony (N.M. Stat. § 30-28-1)
• Conspiracy to commit capital or first-degree felony (N.M. Stat. § 30-28-2)
• Aggravated assault with a deadly weapon
• Shooting at or from a motor vehicle
• Second-degree murder (N.M. Stat. § 30-2-1(B))
• Kidnapping (second-degree)

What is Second Degree Murder and How is it Classified in New Mexico?

Per N.M. Stat. § 30-2-1(B), second-degree murder is described as the killing of another human being without lawful justification or excuse as a result of knowingly performing acts with a strong probability of causing death or great bodily harm. In other words, second-degree murder is murder without malice aforethought but with knowledge that the action that caused the death poses a strong risk of death or great bodily harm.

Second-degree murder is statutorily a second-degree felony offense, and whoever commits it is guilty of a second-degree felony resulting in the death of a human being, punishable by a basic sentence of imprisonment of 18 years and fines of up to $12,500 (N.M. Stat. § 31-18-15).

Second-degree murder is less serious than first-degree murder, which is typically the intentional, deliberate, and premeditated killing of another person. However, it is more severe than voluntary manslaughter, which is an unlawful killing without malice upon a sudden quarrel or in the heat of passion (N.M. Stat. § 30-2-3(A)), and involuntary manslaughter, which is murder committed during the commission of unlawful acts not amounting to a felony or a lawful act performed with negligence, such as in cases of medical malpractice (N.M. Stat. § 30-2-3(B)).

New Mexico Second Degree Felonies Penalties and Punishments

According to N.M. Stat. § 31-18-15, the penalties and punishments for second-degree felonies include a basic prison sentence of 9 years imprisonment and fines of up to $10,000 for all other offenses; 18 years imprisonment and fines of up to $12,500 for those resulting in the death of a human being; 15 years imprisonment and fines of up to $12,500 for second-degree felony for sexual offense against a child; and 12 years imprisonment and fines not exceeding $5,000 for second-degree felony for sexual exploitation of children.

In addition to prison terms and fines, parole can be imposed upon offenders, typically for one or two years after release from the basic sentence. Courts can also suspend sentences and impose probation. According to N. M. Stat. § 31-20-5.2, the period of supervised probation for sex offenders shall not be less than 5 years or more than 20 years. Typically, aggravating circumstances, such as a defendant's prior criminal history, multiple offenses, and the use of deadly weapons, can cause maximum sentences and fines to be imposed.

The table summarizes penalties for second-degree felony offenses in New Mexico.

Are Second Degree Felony Records Public in New Mexico?

Yes. Under the Inspection of Public Records Act (IPRA), second-degree felony records are public. These generally include court and local arrest records. Interested individuals can request access to these records via the relevant custodians. However, note that certain information, data, or portions of these records are confidential by law, in some cases by court order, and as such can be restricted, redacted, or excluded from public access to protect privacy and sensitive information.

In New Mexico, statewide criminal history information records, which contain arrest information and convictions, are maintained by the New Mexico Department of Public Safety (NMDPS). These records, unfortunately, are not available to the general public. Access is restricted to individuals who are the subject of the record, government agencies, employers, and licensing agencies.

How to Access Second Degree Felony Court Records in New Mexico

Felony matters, including second-degree felony cases, are handled by the district courts in New Mexico. Court records of these cases are public under IPRA, and individuals can submit requests in person, by mail, and online to view, access, or obtain copies of these records. Below are the methods individuals can use to access second-degree felony records in New Mexico:

• Online: Individuals can search for felony court records online using official court portals. Examples include the New Mexico Courts Case Lookup tool, through which users can view and download electronic court records by name, case number, or driver’s license; the re:SearchNM portal, which provides access to Odyssey court case information and documents; and the Secured Odyssey Public Access (SOPA) portal, which allows the public to search for court case records in the state.
• In-person: Contact the relevant District Court Clerk's Office where the case was filed or handled to request copies or inspect official case records. Visits should be made typically during business hours. Provide adequate information, including the case number and defendant, to facilitate record retrieval. Copy and/or search fees may apply.
• Mail and electronic form: Access to court records may be requested through requests via mail to the relevant district court or the New Mexico Administrative Office of the Courts at:

New Mexico Administrative Office of the Courts
Attn: Records Custodian
202 E. Marcy St.
Santa Fe, NM 8750.

Additionally, an electronic request may be submitted to the custodian of the record through the New Mexico Administrative Office of the Courts by completing the request form. Note that fees, including for search, copies, and certification, may apply.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In New Mexico, second-degree felony charges may be reduced or dismissed, mainly through plea agreements, defense motions, nolle prosequi by the prosecutor, or the court’s discretion. Under Rule 5-304 of the New Mexico Rules of Criminal Procedure (NMRA), a defendant and prosecutor may negotiate for the defendant to plead guilty or no contest to a charge or to a lesser or related offense in exchange for a new and reduced charge (e.g., a third-degree or fourth-degree felony or misdemeanor) or for other charges to be dismissed.

Similarly, a prosecutor may file a nolle prosequi to dismiss charges, typically without prejudice, for reasons such as a reevaluation of the evidence or uncooperative witnesses. Additionally, defendants may file motions to dismiss charges based on lack of probable cause, insufficient evidence, speedy trial violations, lack of jurisdiction, or violations of constitutional rights. Note that the evidence, the case, and the quality of legal representation generally play a role in charges being reduced or dismissed. Always consult a lawyer when facing criminal charges.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in New Mexico?

Yes. Under the New Mexico Criminal Record Expungement Act (CREA), second-degree felony records may be expunged, provided certain conditions are met, including that the offense did not involve death, great bodily harm, a child victim, a sex offense, or embezzlement. Murder records, whether first or second-degree, are not eligible due to the resulting death. For an eligible second-degree felony to qualify for expungement, the individual must have fulfilled (if any) all restitution orders, have no pending criminal charges, and not have been convicted of any other crime during the waiting period of 8 years. For non-conviction felony records, including dismissals, acquittals, and conditional discharges, the waiting period to expunge is one (1) year from the date of final disposition.

To expunge an eligible felony record, file a petition in the district court where the conviction or charges were filed. Complete the required forms, attach records, and serve copies to the district attorney, DPS, and the arresting agency. After a hearing, the court may grant expungement if all conditions, including restitution and the applicable waiting period, are met.

How Long Do Second Degree Felony Records Stay Public in New Mexico?

Second-degree felony records remain public indefinitely unless expunged. As such, without expungement, these records can be accessed at any time without limitation. In contrast, some other states, including Connecticut and Pennsylvania, have time limits for certain felony records, where eligible records are automatically sealed or erased after a period.