Felony Lawyer
Did a web search for “felony lawyers near me” bring you here? If so, you’re in the right place. When facing felony charges in New Mexico, the stakes are high. A skilled felony lawyer can make all the difference in navigating these serious charges. Felonies carry significant penalties, including lengthy prison sentences, hefty fines, and lasting effects on your life. The success of your defense, peace of mind, and future depend on selecting the best legal counsel.
Below, we explain what you should know about felony laws in the state, the types of felony cases handled by New Mexico Criminal Law Offices (NMCLO), and how New Mexico felony lawyer can help protect your rights and your freedom.
Understanding Felony Charges, Laws, and Penalties in New Mexico
New Mexico has three felony classes, each carrying its own penalties. Felony charges are far more severe than misdemeanors, ranging from fourth-degree to first-degree offenses. First-degree are the most severe crimes. Here are some examples of each type of offense:
- Fourth-degree felonies—aggravated assault, embezzlement of up to $20,000, or larceny of $2,500 or more;
- Third-degree felonies—aggravated battery, drug possession with intent to distribute, and vehicular homicide;
- Second-degree felonies—voluntary manslaughter, armed robbery, and second-degree murder;
- First-degree felonies—second-degree murder, kidnapping, and criminal sexual penetration; and
- Capital felonies—first-degree murder, felony murder, aggravated criminal sexual penetration, and murder by an inmate while serving a life sentence.
Prosecutors have a great deal of discretion when determining what charges are ultimately brought against a defendant. An experienced attorney can help you advocate for the least severe charges.
Penalties for Felonies in New Mexico
Felony penalties vary depending on the crime’s severity, your past criminal record, and the harm caused to victims. The sentencing ranges from:
- Fourth-degree felony—up to 18 months in prison and a $5,000 fine;
- Third-degree felony—up to three years in prison and a possible fine of up to $5,000;
- Second-degree felony—up to nine years in jail plus a maximum fine of $10,000;
- First-degree felony—up to 18 years, plus a possible fine of up to $15,000; and
- Capital felonies—sentence of life in prison.
Felony convictions also carry additional consequences, such as loss of gun rights, difficulty finding employment, license suspensions or revocations, and housing challenges. That’s why you need a skilled felony lawyer by your side.
Lawyer for Felony Charges and Pre-trial Proceedings in New Mexico
After a felony arrest, the wheels of the criminal justice system start turning fast. The state must take you through many steps before your case goes to trial. Having professional legal help at every stage can be crucial to maintaining your innocence and freedom.
Grand Jury Indictment and Preliminary Hearings to Initiate a Felony Case
The prosecution typically must determine if there is probable cause to sustain the charges. They can do this either by using a grand jury or through a preliminary hearing. Also, the defendant has the right to waive both of these proceedings.
Grand jury indictment
The prosecutor can convene a grand jury consisting of 12 citizens to hear the evidence and decide if there is enough evidence to go forward with the charges. If the grand jury decides to indict the defendant, the criminal case can move forward to trial.
There are several rules the prosecution must follow when conducting a grand jury hearing. These rules include:
- In most cases, the prosecution must notify the defendant about the grand jury investigation;
- If they wish, the defendant must have an opportunity to testify at the grand jury hearing;
- The defendant must be given an opportunity to have counsel during the grand jury investigation; and
- The requirement for eight grand jurors to agree to indict.
A court might determine that a defendant has no right to notice about the grand jury investigation if the defendant is a flight risk or might obstruct justice after receiving notice. We can fight determinations like this. We can also scrutinize evidence, challenge weak arguments, and work to get charges reduced or dismissed during this stage of a felony case.
Preliminary hearing
The preliminary hearing is a type of “mini-trial” where the prosecution puts on witnesses and presents evidence against the defendant. The defense has an opportunity to cross-examine witnesses if they wish. The purpose of this hearing is for the judge to hear the evidence and determine if there is enough evidence to proceed with the case. If sufficient evidence is found to exist, the judge binds the defendant over to stand trial. If not, the judge can dismiss the case.
The Initial Appearance and Arraignment
If the case goes forward, you may attend an initial appearance and arraignment. During this time, the judge informs you of the charges against you and the penalties you might face.
At this time, you will enter a plea of guilty or not-guilty. Bail and conditions of release while awaiting the resolution of your case may also be set at this time. At these hearings, we can ensure your rights are protected and argue for reasonable bail or release conditions.
Other Pre-Trial Proceedings
Before trial, the defense and prosecution may submit many motions, engage in negotiations, and complete discovery. These actions can involve the following:
- Discovery. Both sides share evidence regarding the case, giving each other time to analyze the strength of their position and develop arguments to use at trial. The prosecution has a duty to turn over all of the evidence, including exculpatory evidence, to the defense.
- Motions. The defense may file motions to suppress illegally obtained or improper evidence, motions to dismiss charges, or any other pertinent motions it wants the court to rule on before proceeding to trial.
- Plea bargaining. In some cases, negotiating with prosecutors can lead to favorable plea deals or reduced charges.
A felony charges lawyer from NMCLO can meticulously analyze evidence, identify weaknesses in the prosecution’s case, and negotiate favorable outcomes.
We can protect you through every stage of the pre-trial proceedings we just mentioned. And we fight hard for each client at trial. When you are searching for “felony criminal lawyers near me,” talk to NMCLO. We are highly experienced, and our top priorities are clearing your name and ensuring your freedom.
Felony Sentencing Process in New Mexico
When a person is found or pleads guilty of a felony in New Mexico, a judge sentences them to a set term in prison, up to the maximum amount allowed by law. This is known as determinate sentencing. However, if the evidence at the sentencing hearing shows mitigating or aggravating circumstances surrounding the crime or in your background, the judge may change the basic sentence. If you’re searching for “lawyers for felony charges near me,” it’s crucial to have experienced legal representation to navigate these complexities and advocate for the best possible outcome.
Felony Cases Handled by New Mexico Criminal Law Offices
Our firm handles a wide range of felony cases. With years of experience defending clients, our attorneys can tackle even the most complex cases. Some of the serious crimes NMCLO can help with include:
- Larceny—theft of property, ranging from petty larceny to grand theft;
- Drug trafficking and federal drug crimes—from state-level charges to federal offenses involving large-scale drug operations;
- Sex crimes—defense against charges of sexual assault, rape, and criminal sexual penetration;
- Murder—charges of first-degree or second-degree murder or various types of homicide;
- Assault and battery—defense against aggravated assault, battery, and other violent crime charges;
- White-collar crimes—charges involving fraud, embezzlement, and cybercrimes; and
- Firearm offenses—illegal possession of firearms, unlawful discharge, or use of a firearm during a felony.
Each charge requires in-depth knowledge of New Mexico’s complex laws and carries severe penalties.
Benefits of Hiring a Felony Attorney from NMCLO
Hiring a felony lawyer is your best defense strategy. A skilled felony attorney will analyze your case, identify potential defenses, and represent you in court. Take a look below at how our team can assist.
Case Evaluation
Our attorneys will first dive deep into your case, reviewing all the evidence, interviewing witnesses, and examining every detail to build a strategy tailored to your defense.
Legal Guidance
Felony charges can be overwhelming, and legal terminology can be confusing. An experienced lawyer will explain the charges against you and the legal procedures and keep you informed.
Court Representation
Your attorney will represent you in pre-trial hearings, negotiate with prosecutors, and, if necessary, take your case to trial.
Plea Bargaining
Sometimes, negotiating a plea bargain may reduce the charges or penalties. A skilled felony attorney will fight for the best possible outcome.
Post-Conviction Assistance
Even after a conviction, a felony attorney can assist with appeals, sentence modifications, or other post-conviction relief efforts.
Having the right attorney on your side can make all the difference—turning a life-altering conviction into a reduced sentence, an acquittal, or even the complete dismissal of your case.
Take the First Step with New Mexico Felony Lawyer to Defend Your Rights
If you’re facing felony charges and looking for “New Mexico felony lawyers,” time is of the essence. Our knowledgeable criminal defense attorneys are prepared to step in and vigorously defend your rights.
With over 30 years of experience and our impressive record of successfully handling various felony cases, NMCLO offers strategic and personalized legal representation. Your future is too important to leave to chance. Don’t wait another moment. Contact us today for a confidential consultation, and let us help you build a strong defense.
Resource List
- New Mexico Statistical Analysis Center Fast Facts: Felony Case Initiation Type: The Use of Grand Jury vs. Preliminary Examination, link
- New Mexico Statutes Annotated, §31-6-10, link
- New Mexico Statutes Annotated, §31-6-11, link
- Rule 6-501 NMRA, link
- Rule 5-501 NMRA, link
- Rule 5-502 NMRA, link
