Charges and sentences
Felony and misdemeanor classes in New Mexico
New Mexico grades felonies as capital, first, second, third or fourth degree, and misdemeanors as regular or petty. Each felony degree has a fixed basic sentence that a judge can raise or lower by up to one-third.1
Checked October 29, 2026 against New Mexico's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In New Mexico, a crime is a felony if the law labels it a felony or if it can be punished by death or by prison for one year or more. A misdemeanor can be punished by more than six months but less than one year, and a petty misdemeanor by six months or less.1
- Felony theft starts at
- More than $500How theft is graded
- When a DWI is a felony
- A fourth DWI conviction is a fourth-degree felony (18 months). A fifth is also a fourth-degree felony (2 years), a sixth or seventh is a third-degree felony (30 months or 3 years) and an eighth or later is a second-degree felony (12 years).2
Felony degrees in New Mexico
From most to least serious: Capital, First-degree, Second-degree, Third-degree, Fourth-degree. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Capital felony | Life in prison, or life in prison without release or paroleNew Mexico abolished the death penalty in 2009. | None set | N.M. Stat. Ann. § 31-18-143 |
| First-degree felony | Basic sentence of 18 yearsThe basic sentence is life in prison for a first-degree felony resulting in the death of a child or for aggravated criminal sexual penetration. | Up to $15,000 | N.M. Stat. Ann. § 31-18-15(A), (E)3 |
| Second-degree felony | Basic sentence of 9 yearsThe basic sentence is higher for some offenses: 18 years if the felony results in a death, 15 years for a sexual offense against a child and 12 years for sexual exploitation of children. | Up to $10,000 | N.M. Stat. Ann. § 31-18-15(A), (E)3 |
| Third-degree felony | Basic sentence of 3 yearsThe basic sentence is higher for some offenses: 6 years if the felony results in a death or is a sexual offense against a child, and 11 years for sexual exploitation of children. | Up to $5,000 | N.M. Stat. Ann. § 31-18-15(A), (E)3 |
| Fourth-degree felony | Basic sentence of 18 monthsThe basic sentence is 10 years for sexual exploitation of children. | Up to $5,000 | N.M. Stat. Ann. § 31-18-15(A), (E)3 |
Misdemeanor classes in New Mexico
| Class | Jail | Fine | The law |
|---|---|---|---|
| Misdemeanor | Less than 1 year | Up to $1,000 | N.M. Stat. Ann. § 31-19-1(A)3 |
| Petty misdemeanor | Up to 6 months | Up to $500 | N.M. Stat. Ann. § 31-19-1(B)3 |
Good to know
The sentence for each felony degree is a fixed "basic sentence," not a range. A judge can raise or lower it for aggravating or mitigating circumstances, but not by more than one-third.3
A crime counts as a felony, misdemeanor or petty misdemeanor if the law designates it that way, or if its authorized sentence puts it in that class.1
Some felonies have their own sentencing rules in other statutes, such as repeat DWI convictions, which set their own prison terms in place of the basic sentence.2
When theft is a felony in New Mexico
In New Mexico, larceny of property worth more than $500 is a felony: fourth degree from over $500 to $2,500, third degree to $20,000, and second degree above $20,000. At $500 or less it is a misdemeanor, or a petty misdemeanor at $250 or less. Stealing livestock is a third-degree felony at any value.1
N.M. Stat. Ann. § 30-16-1 · Felony theft amounts in every state
DWI and DUI in New Mexico
Section 66-8-102 is titled driving under the influence of intoxicating liquor or drugs, with an aggravated form. Related sections use "DWI" and "driving while intoxicated" (for example, 66-8-101 counts a "prior DWI conviction"), and DWI is the usual name.
- Repeat offenses
- A fourth DWI conviction is a fourth-degree felony (18 months). A fifth is also a fourth-degree felony (2 years), a sixth or seventh is a third-degree felony (30 months or 3 years) and an eighth or later is a second-degree felony (12 years).
- Which past offenses count
- No time limit; the statute counts the number of convictions and states no lookback period.
- Other felony versions
- Homicide by vehicle while under the influence is a second-degree felony. Great bodily harm by vehicle while under the influence is a third-degree felony. Each prior DWI conviction within ten years adds four years to the basic sentence for those two offenses.
N.M. Stat. Ann. §§ 66-8-101, 66-8-1022 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in New Mexico?
In New Mexico, a crime is a felony if the law labels it a felony or if it can be punished by death or by prison for one year or more. A misdemeanor can be punished by more than six months but less than one year, and a petty misdemeanor by six months or less.
What is a capital felony in New Mexico?
In New Mexico, the prison range for a capital felony is life in prison, or life in prison without release or parole. New Mexico abolished the death penalty in 2009.
What is a first-degree felony in New Mexico?
In New Mexico, the prison range for a first-degree felony is basic sentence of 18 years, and the fine is up to $15,000. The basic sentence is life in prison for a first-degree felony resulting in the death of a child or for aggravated criminal sexual penetration.
What is a second-degree felony in New Mexico?
In New Mexico, the prison range for a second-degree felony is basic sentence of 9 years, and the fine is up to $10,000. The basic sentence is higher for some offenses: 18 years if the felony results in a death, 15 years for a sexual offense against a child and 12 years for sexual exploitation of children.
What is a third-degree felony in New Mexico?
In New Mexico, the prison range for a third-degree felony is basic sentence of 3 years, and the fine is up to $5,000. The basic sentence is higher for some offenses: 6 years if the felony results in a death or is a sexual offense against a child, and 11 years for sexual exploitation of children.
What is a fourth-degree felony in New Mexico?
In New Mexico, the prison range for a fourth-degree felony is basic sentence of 18 months, and the fine is up to $5,000. The basic sentence is 10 years for sexual exploitation of children.
What is a misdemeanor in New Mexico?
In New Mexico, the jail range for a misdemeanor is less than 1 year, and the fine is up to $1,000.
What is a petty misdemeanor in New Mexico?
In New Mexico, the jail range for a petty misdemeanor is up to 6 months, and the fine is up to $500.
How much theft is a felony in New Mexico?
In New Mexico, larceny of property worth more than $500 is a felony: fourth degree from over $500 to $2,500, third degree to $20,000, and second degree above $20,000. At $500 or less it is a misdemeanor, or a petty misdemeanor at $250 or less. Stealing livestock is a third-degree felony at any value.
Is a DWI a felony in New Mexico?
A fourth DWI conviction is a fourth-degree felony (18 months). A fifth is also a fourth-degree felony (2 years), a sixth or seventh is a third-degree felony (30 months or 3 years) and an eighth or later is a second-degree felony (12 years). Homicide by vehicle while under the influence is a second-degree felony. Great bodily harm by vehicle while under the influence is a third-degree felony. Each prior DWI conviction within ten years adds four years to the basic sentence for those two offenses.
These are the general ranges in New Mexico's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in New Mexico" https://secondchanceindex.com/felony-classes/new-mexico, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.