What Is a Third-Degree Felony in New Mexico?

In New Mexico, felonies in the third degree are crime categories that typically attract an introductory sentence of 3 years in prison and a fine of $5,000. If the felony leads to a death, the individual is sentenced to 6 years' imprisonment.

Under NMSA section 31-18-15, felonies are offences for which a judge is authorised to sentence the offender to a prison term of one year or more. New Mexico uses a determinate sentencing system - there is a fixed prison term for every offense. As defined in NMSA Section 30-1-7, felonies are divided into 5 degrees or categories. These include capital, first-degree, second-degree, third-degree, and fourth-degree felonies.

Common Offenses That Fall Under Third-Degree Felony Charges

Some examples of third-degree felonies in New Mexico include voluntary manslaughter, aggravated battery, domestic violence, and stalking. The standard sentence for a third-degree felony is up to 3 years imprisonment and a fine of $5,000. However, some circumstances may warrant an enhanced sentence. For instance, if the felony offense leads to the death of the victim, the penalty is up to 6 years in prison and a fine of $5,000. Sexual crime against a minor carries up to 6 years in prison and a fine of $5,000. A sixth DWI offense carries a prison term of 18 to 36 months and a fine of $5,000. Seventh DWI offense attracts a sentence of 2 to 3 years in prison and a fine of $5,000.

Penalties and Sentencing for Third-Degree Felonies in New Mexico

New Mexico employs a determinate sentencing model; therefore, for each sentence, a fixed prison term is specified. However, judges have the liberty to increase or decrease the standard sentence in the presence of mitigating or aggravating factors. The condition is that aggravating circumstances must be proved beyond a reasonable doubt. Also, habitual offenders may receive enhanced sentences, particularly individuals with prior felony convictions.

A third-degree felony in New Mexico typically carries a sentence of 3 years; however, for some offenses, the sentence may be longer. In addition, the offender may be mandated to pay up to $5,000 in fines. Examples of third-degree felonies include voluntary manslaughter, residential burglary, aggravated assault, seventh DWI offense, and possession of certain illegal substances.

A third-degree felony that leads to death carries a sentence of 6 years in prison and $5,000 fine. Third-degree felony involving a sexual offense against a child attracts a sentence of 6 years in jail and a $5,000 fine.

Will You Go to Jail for a Third-Degree Felony in New Mexico?

It is very likely that an individual who is convicted of a third-degree felony offense would go to jail, even though the sentence may not be as lengthy as that of a more serious felony. Several factors are taken into account to determine the specifics of jail time. These include the charge, extent of damage caused, the offender's criminal history record, and any aggravating or mitigating factors.

In addition to using the sentencing guidelines, judges are permitted to apply discretion. As such, past felony convictions or the use of firearms may not help the case of an offender. On the contrary, a history of prior convictions may qualify the person as a habitual offender per NMSA section 31-18-17. For one prior felony, the sentence is enhanced by a year. For two prior felonies, the sentence is enhanced by 4 years.

How Long Does a Third-Degree Felony Stay on Your Record?

In New Mexico, third degree felony convictions do not go away automatically. They remain on the offender's public record unless they successfully petition the court to have it sealed or expunged. Consequently, individuals with conviction records often find that the collateral consequences of their prior convictions follow them throughout their lives.

Ex-convicts whose records remain on the criminal database find it challenging to secure employment, obtain licenses, get admission, and many social opportunities for which they otherwise qualify elude them. Moreover, past offenders may get enhanced sentences any time they are involved in criminal activity under the recidivism laws. In light of this, most offenders seek to seal or expunge their criminal records when they have fulfilled the terms of their sentence.

Can a Third-Degree Felony Be Sealed or Expunged in New Mexico?

In New Mexico, sealing and expungement are somewhat similar. A sealed record still exists in the database, but there is a limit to its access. It is inaccessible to the public and doesn't show up during background checks. On the other hand, expungement completely removes or destroys the records from the database. Individuals may be eligible for expungement if the case against them was one of mistaken identity or if the case occurred when they were below the age of majority.

Under NMSA section 29-3A-7, individuals with third-degree felony records may be eligible for expungement. Individuals who successfully complete the expungement process can legally state that they did not commit the expunged crime.

The following are the eligibility conditions for expungement:

• The individual was not convicted in court
• The individual committed a minor offense, such as a misdemeanor
• For a third-degree felony, the individual must wait for a period of 6 years after completing their sentence
• They must not be involved in any new crimes
• They must not have any pending charges against them
• The felony conviction was not for a violent offense

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Under NMSA § 30-1-7, there are five categories of felonies. They are capital, first degree, second degree, third degree, and fourth degree felonies. Capital felony pertains to premeditated murder or murder that occurred in the process of committing a felony offense. This is punishable by life imprisonment without parole.

First-degree felonies include crimes like murder, armed robbery, human trafficking, sexual assault, and kidnapping. These are punishable by up to 18 years imprisonment and a fine of $15,000. If the first-degree felony causes the death of a child, the penalty is life imprisonment and a fine of $17,500.

Second-degree felony covers crimes such as public shooting, robbery, arson, drug trafficking, sexual crimes against minors, and DWI. The standard sentence for second-degree felony is up to 9 years imprisonment and a fine of $10,000. If the felony offense leads to a death, the sentence rises to 15 years imprisonment and a $12,500 fine. For sexual crimes against a minor, the sentence is 15 years' imprisonment and a fine of $12,500. For the eighth DWI offense, the offender faces 10 to 12 years imprisonment and a fine of $10,000.

Third-degree felony offenses include crimes like voluntary manslaughter, domestic violence, aggravated battery, and stalking. The standard sentencing for third-degree felony is up to 3 years imprisonment and a fine of $5,000. If the offense leads to a death, the penalty is 6 years imprisonment and a fine of $5,000. For the sixth DWI offense, the offender faces 36 months in prison and a fine of $5,000. For the seventh DWI offense, the offender faces 2 years imprisonment and a $5,000 fine.

How to Look Up Third-Degree Felony Records in New Mexico

Under the New Mexico Inspection of Public Records Act, third-degree felony records in New Mexico are generally considered public, except when they are specifically exempted by statute. However, juvenile records are not publicly available. There are a number of avenues available to interested parties who may like to look up third-degree felony records in New Mexico. These include online, in-person, and through third-party websites.

In-Person

Record seekers must begin their search by identifying the court that handled the case. Having identified the appropriate court, they may proceed to make a request in person at the office of the Clerk of the court. They are required to provide valid identification and pay the requisite fee.

Online

Residents of New Mexico may access third-degree felony records online by completing and submitting a request form. They may also search the New Mexico Courts Case Lookup portal. Alternatively, they may use the Secured Odyssey Public Access, although this requires registration.

Third Party Websites

Some third-party websites provide access to criminal records in New Mexico. Through these sources, interested parties may access records from remote locations. Record seekers must provide important information about the record, such as the name of the offender and the location of the record, such as the city, county, or state. However, third-party websites are not associated with the government in any way; as such, the availability of records may vary.

Probation and Parole for Third-Degree Felony Offenders

Although individuals must be responsible for their actions, in New Mexico, the goal of sentencing is for rehabilitation. Recognizing that people make mistakes, an individual convicted of a third-degree felony may qualify for probation and parole. However, there are limitations, and it is not automatic. At sentencing, the judge must approve probation after considering the nature and severity of the crime. For a habitual offender, a prison term is mandatory.

Generally, in New Mexico, inmates become eligible for parole after serving half of their sentence. However, the parole board may exercise discretion and decide whether to grant parole or not based on the offender's conduct, participation in rehabilitative programs, and the nature of the original offense. If the offense was non-violent and the individual is not a habitual offender, they may be granted parole.