New Mexico Criminal Defense Laws

As of May 18, 2022, second-degree murder has no statute of limitations. Previously it was subject to a time limitation, but the legislature eliminated it.

DWI is a misdemeanor in New Mexico and must be charged within 2 years. Aggravated DWI (BAC 0.16+, bodily injury, or refusal of chemical testing) carries enhanced penalties.

Capital felony: life imprisonment. First-degree felony: up to 18 years, $15,000 fine. Second-degree felony: up to 9 years, $10,000 fine. Third-degree felony: up to 3 years, $5,000 fine. Fourth-degree felony: up to 18 months, $5,000 fine. Sentences may be altered by up to one-third for aggravating or mitigating circumstances.

Misdemeanors carry up to 1 year in county jail and/or fines up to $1,000. Petty misdemeanors carry up to 6 months and/or $500 fine.

Standard DWI (BAC 0.08+): first offense up to 90 days jail and $500 fine, 1-year license revocation, IID requirement, mandatory screening. Aggravated DWI (BAC 0.16+, bodily injury, or refusal of testing): first offense minimum 48 consecutive hours jail. All offenders must complete substance abuse screening and treatment.

New Mexico allows expungement of convictions after waiting periods from end of sentence: misdemeanors (2 years), fourth-degree felony (4 years), third-degree felony (6 years), second-degree felony (8 years), first-degree felony (10 years). NOT eligible: offenses against children, great bodily harm/death, sex offenses, embezzlement, or DWI.

Anyone charged with a crime not resulting in conviction (acquittal, dismissal, or conditional discharge) may petition for expungement 1 year after the final disposition.

New Mexico abolished the death penalty in 2009. The maximum sentence for capital felonies is life imprisonment without possibility of parole.