New Mexico Felony Degrees and Misdemeanor Sentences (2026)

New Mexico draws the line between a felony and a misdemeanor by the sentence the law authorizes: a crime is a felony if "a sentence of death or of imprisonment for a term of one year or more is authorized," a misdemeanor if imprisonment "in excess of six months but less than one year" is authorized, and a petty misdemeanor if imprisonment "for six months or less" is authorized (NMSA 1978, 30-1-6). Felonies are classed as capital, first, second, third and fourth degree (30-1-7), and each noncapital degree carries a fixed basic sentence under the Criminal Sentencing Act (31-18-15). For how other states compare, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Mexico's crime classifications in NMSA 1978, 30-1-6 and 30-1-7, the sentencing provisions of the Criminal Sentencing Act (31-18-13 to 31-18-17), misdemeanor sentencing (31-19-1), and probation (31-20-5, 31-20-13 and 31-21-15). It does not cover how individual offenses are graded (see the New Mexico theft laws and New Mexico assault laws pages for two examples), time limits for charges (see the New Mexico statute of limitations), record clearing, parole terms, firearm and other enhancements beyond the habitual offender rule, traffic penalty assessments, municipal ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony, misdemeanor and petty misdemeanor in New Mexico

New Mexico has three tiers of crime, and NMSA 30-1-6 defines each by designation or by the imprisonment authorized:

A. A crime is a felony if it is so designated by law or if upon conviction thereof a sentence of death or of imprisonment for a term of one year or more is authorized. B. A crime is a misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonment in excess of six months but less than one year is authorized. C. A crime is a petty misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonment for six months or less is authorized.

Because a felony begins at "one year or more" and a misdemeanor stops at "less than one year," a crime for which a full year of imprisonment is authorized falls on the felony side of the line, unless the law designates it otherwise.

The definition still mentions a sentence of death, but the capital felony sentence today is life imprisonment or life imprisonment without possibility of release or parole (NMSA 31-18-14, as amended by Laws 2009, ch. 11).

New Mexico felony degrees and basic sentences

NMSA 30-1-7 lists the felony classes: "A. capital felonies; B. first degree felonies; C. second degree felonies; D. third degree felonies; and E. fourth degree felonies." The general sentence and fine for each class, and for the two misdemeanor tiers, are:

The felony rows show the general basic sentence for each degree. Under 31-18-15.1, a judge may alter a noncapital basic sentence by up to one-third (more downward for a serious youthful offender or youthful offender), and the habitual offender rule in 31-18-17 adds 1, 4 or 8 years for prior felony convictions, described below; most of that added time cannot be suspended or deferred. The felony fine is imposed "in addition to the imposition of a basic sentence of imprisonment" (31-18-15(E)).

Offenses with their own basic sentences

NMSA 31-18-15(A) sets different basic sentences and fines for listed categories within a degree. These do not follow the general row for their degree:

Sources: basic sentences, NMSA 31-18-15(A); fines, 31-18-15(E). Our page on how long a life sentence lasts in New Mexico covers what the life terms mean in practice.

How the actual sentence is set

For noncapital felonies, NMSA 31-18-15 and 31-18-15.1 set a single basic sentence that the judge may adjust, rather than a sentencing grid or a minimum-to-maximum range. The basic sentence is the starting sentence: under NMSA 31-18-15(B), "The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the Criminal Sentencing Act."

The court holds a sentencing hearing to decide whether mitigating or aggravating circumstances exist. Under 31-18-15.1(A), the judge may alter the basic sentence upon "a finding by the judge of any mitigating circumstances surrounding the offense or concerning the offender" or "a finding by a jury or by the judge beyond a reasonable doubt of any aggravating circumstances surrounding the offense or concerning the offender."

The size of any change is capped. Section 31-18-15.1(G) provides that "in no case shall the alteration exceed one-third of the basic sentence; provided that when the offender is a serious youthful offender or a youthful offender, the judge may reduce the sentence by more than one-third of the basic sentence."

Prior felony convictions add fixed time. Under NMSA 31-18-17, a person convicted of a noncapital felony with one prior felony conviction (from a separate transaction or occurrence) or a prior conditional discharge under 31-20-13 is a habitual offender, and the basic sentence "shall be increased by one year." Two prior felony convictions increase it by four years, and three or more by eight years (31-18-17(B), (C)). The two- and three-prior increases "shall not be suspended or deferred" (31-18-17(B), (C)). The one-prior increase may be suspended or deferred only if the court finds that both felonies are nonviolent, that justice will not be served by a mandatory sentence of imprisonment, and that there are substantial and compelling reasons, stated on the record, to depart (31-18-17(A)). A prior conviction counts only if less than ten years have passed since the person finished the sentence, probation or parole for it, whichever is later; a New Mexico felony DWI conviction under 66-8-102 does not count, and qualifying convictions from other states and federal courts can (31-18-17(D)).

Parole follows only longer sentences. Section 31-18-15(C) provides: "A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree that a period of parole should be imposed."

Crimes without a stated degree, and crimes outside the Criminal Code

Two rules cover crimes that do not fit the degree labels. First, under NMSA 30-1-7, "A crime declared to be a felony, without specification of degree, is a felony of the fourth degree." Second, a crime may be a misdemeanor or petty misdemeanor either because the law designates it that way or because of the length of imprisonment it authorizes (30-1-6).

For crimes defined outside the Criminal Code that state their own penalty, NMSA 31-18-13(B) provides that "the court shall set as a definite term of imprisonment the minimum term prescribed by the statute or constitutional provision and may impose the fine prescribed by the statute or constitutional provision for the particular crime for which the person was convicted." The subsection adds that a serious youthful offender or youthful offender "may be sentenced to less than the minimum term of imprisonment prescribed by the statute or the constitutional provision."

Crimes outside the Criminal Code that state no penalty have their own defaults. A crime declared a felony by the constitution or a statute not in the Criminal Code, without a stated sentence or fine, is sentenced as a fourth degree felony, and any other crime with no specified sentence is sentenced as a petty misdemeanor (31-18-13(C), (D)).

Conditional discharge and deferred or suspended sentences

New Mexico's sentencing law gives a person with no prior felony conviction one specific alternative to an adjudication of guilt. Under NMSA 31-20-13(A), "When a person who has not been previously convicted of a felony offense is found guilty of a crime for which a deferred or suspended sentence is authorized, the court may, without entering an adjudication of guilt, enter a conditional discharge order and place the person on probation on terms and conditions authorized by Sections 31-20-5 and 31-20-6 NMSA 1978." The same subsection adds: "A conditional discharge order may only be made available once with respect to any person."

A conditional discharge is not available for driving while under the influence under 66-8-102 (31-20-13(C)). It is also discretionary and conditional. Under 31-20-13(B), "If the person violates any of the conditions of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law." It also counts later: 31-18-17(A) treats a prior conditional discharge under 31-20-13 as a basis for habitual offender status.

Courts may also defer or suspend a sentence. Section 31-20-5(A) refers to cases in which "the magistrate, metropolitan or district court has deferred or suspended sentence," and requires probation for all or part of that period when the defendant needs supervision the corrections department can feasibly provide. These options do not reach the habitual offender increases described above, which cannot be suspended or deferred except as 31-18-17(A) allows.

Is a petty misdemeanor a crime in New Mexico?

Yes. The classification statute, NMSA 30-1-6, names three kinds of crime (felony, misdemeanor and petty misdemeanor), and the petty misdemeanor is the lowest of them. The Criminal Code classification has no separate infraction or violation tier below it.

A petty misdemeanor carries county jail "for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge" (31-19-1(B)). A misdemeanor carries county jail "for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both" (31-19-1(A)).

Probation in New Mexico

NMSA 31-20-5(A) sets the length limits: "Except for sex offenders as provided in Section 31-20-5.2 NMSA 1978, the total period of probation for district court shall not exceed five years and the total period of probation for the magistrate or metropolitan courts shall be no longer than the maximum allowable incarceration time for the offense or as otherwise provided by law."

Since a 2025 amendment, some probationers are released early by operation of law. Section 31-20-5(C) provides that a defendant "shall automatically be released from probation" if the defendant:

1. is classified as a minimum level risk by a validated scoring instrument;
2. has met all of the obligations of the defendant's probation; and
3. has completed one-half or more of the period of probation.

All three conditions must be met.

What happens after a probation violation

NMSA 31-21-15(B) sets out the court's options once a violation is charged:

The court shall then hold a hearing, which may be informal, on the violation charged. If the violation is established, the court may continue the original probation or revoke the probation and either order a new probation with any condition provided for in Section 31-20-5 or 31-20-6 NMSA 1978 or require the probationer to serve the balance of the sentence imposed or any lesser sentence. If imposition of sentence was deferred, the court may impose any sentence that might originally have been imposed, but credit shall be given for time served on probation.

The difference between a suspended and a deferred sentence matters here. With a suspended sentence, the court can require service of "the balance of the sentence imposed or any lesser sentence." With a deferred sentence, the court "may impose any sentence that might originally have been imposed," with credit for time served on probation.

Recent changes

• Basic sentences (31-18-15): Laws 2025, ch. 79, section 1 (S.B. 375) re-enacted the section, and the basic sentences and fines shown above match its text. In the 2026 session, H.B. 59 (raising the basic sentence for a second degree felony resulting in the death of a human being to 25 years) and H.B. 74 (removing the ten-year limit on prior felony convictions in 31-18-17) died without passing.
• Probation (31-20-5): Laws 2025, ch. 79, section 2, effective June 20, 2025, added the automatic release of minimum-risk probationers in subsection C.
• Capital felonies (31-18-14): the life and life-without-release sentences reflect the section as amended by Laws 2009, ch. 11.

Related legal issues

Specific offenses are placed into these classes by their own statutes. The New Mexico theft laws page explains how theft is graded into these degrees, and the New Mexico assault and battery laws page does the same for assault and battery.

For clearing a record, see New Mexico expungement laws. Time limits for bringing felony and misdemeanor charges are on the New Mexico statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• New Mexico theft laws
• New Mexico assault and battery laws
• New Mexico expungement laws
• How long is a life sentence in New Mexico
• Texas felony and misdemeanor classes
• Arizona felony and misdemeanor classes

This article provides general legal information about New Mexico law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Mexico.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in New Mexico?

Under NMSA 30-1-6, a crime is a felony if so designated or if death or imprisonment for one year or more is authorized, and a misdemeanor if so designated or if more than six months but less than one year is authorized.

What is a petty misdemeanor in New Mexico?

It is the lowest class of crime under NMSA 30-1-6(C): a crime so designated or one for which imprisonment of six months or less is authorized. Under 31-19-1(B), the sentence is county jail for a definite term not to exceed six months, a fine up to $500, or both.

How much time is a fourth degree felony in New Mexico?

The basic sentence for a general fourth degree felony is 18 months (NMSA 31-18-15(A)), or 10 years for fourth degree sexual exploitation of children. The judge may alter it by up to one-third for mitigating or aggravating circumstances (31-18-15.1(G)), and habitual offender increases under 31-18-17 can add time.

How much time is a first degree felony in New Mexico?

The basic sentence for a general first degree felony is 18 years, and life for a first degree felony resulting in the death of a child or for aggravated criminal sexual penetration (NMSA 31-18-15(A)). The judge may alter a basic sentence by up to one-third (31-18-15.1(G)), habitual offender increases can add time, and a general first degree felony may also carry a fine up to $15,000 (31-18-15(E)).

Is the basic sentence in New Mexico a maximum?

No. NMSA 31-18-15(B) says the basic sentence shall be imposed unless the court alters it under the Criminal Sentencing Act. A judge may raise or lower it by up to one-third after finding aggravating or mitigating circumstances, with a larger reduction allowed for serious youthful and youthful offenders (31-18-15.1(G)). Habitual offender increases of 1, 4 or 8 years under 31-18-17 are added on top, and the two- and three-prior increases cannot be suspended or deferred.

How long is probation in New Mexico?

Except for sex offenders under 31-20-5.2, total probation in district court may not exceed five years, and in magistrate or metropolitan court it may be no longer than the maximum allowable incarceration for the offense or as otherwise provided by law (NMSA 31-20-5(A)).

What happens if you violate probation in New Mexico?

Under NMSA 31-21-15(B), the court holds a hearing, which may be informal. If the violation is established, the court may continue the original probation, revoke it and order a new probation, or require the person to serve the balance of the sentence imposed or any lesser sentence.

What is a conditional discharge in New Mexico?

Under NMSA 31-20-13, a court may place a person who has not previously been convicted of a felony on probation without entering an adjudication of guilt. It is available only once per person, it is not available for DWI under 66-8-102 (31-20-13(C)), and a violation lets the court enter an adjudication of guilt.