While some states classify criminal activities as infractions, misdemeanors, and felonies, others rely solely on misdemeanor and felony classifications. New Mexico, for example, is one of the states that uses the latter, broader categorizations. To understand the differences between the two terms, as well as learn how an attorney can help you if you’re facing either charge, below is a helpful guide. 

What’s the Difference Between a Misdemeanor & a Felony?

Misdemeanors

Misdemeanors are not as severe as felony charges, but they carry more weight than infractions—also known as petty offenses and violations. If you get convicted of a misdemeanor, you could face up to a year in prison. In New Mexico, these offenses get categorized as either “petty misdemeanors” like pushing someone during an argument, or “misdemeanors” like domestic violence or trespassing on private property. Other examples of misdemeanor crimes include possession and sale of drugs and related paraphernalia, possession of an unregistered firearm, drunk driving, and shoplifting. 

Petty misdemeanor convictions in New Mexico can include up to six months of jail time and a fine of up to $500. Misdemeanor convictions can result in up to one year in jail and a fine of up to $1,000. Sentencing depends on factors such as the defendant’s criminal history and the severity of the crime. Attorney knowledge and experience can also influence the case outcome.

Felonies

New Mexico was the 15th state to abolish the death penalty, though other states such as Alabama, Arizona, and Arkansas still use capital punishment for felony convictions. Felonies are the most severe type of criminal acts and include armed robbery, kidnapping, sexual exploitation of minors, aggravated battery, drug trafficking, arson, burglary, rape, involuntary manslaughter, and murder.

Conviction comes with a year or more to life in federal prison and thousands in fines, depending on the felony type. A capital felony in New Mexico, such as premeditated murder, typically results in life in prison. In comparison, a third-degree felony such as aggravated stalking results in up to three years in prison and a maximum $5,000 fine.

If you have been charged with a misdemeanor or felony in New Mexico, contact Gary C. Mitchell, P.C. The experienced attorney has served Ruidoso, NM, and the surrounding areas since 1977, providing dedicated counsel and championing citizen rights. He is president of the New Mexico chapter of the American Civil Liberties Union (ACLU) and has handled thousands of cases, including capital cases. Call the attorney today at (575) 257-3070 to schedule a meeting or learn more about his practice areas online.