Albuquerque & Santa Fe · Criminal Defense, DWI & Injury En Español (505) 247-1973

Updated July 2026

The Short Version

A felony is any crime New Mexico punishes by a year or more in prison. The charge is ranked by degree, from fourth degree at the low end up to first degree and capital crimes. The degree sets how much prison time you face. Mr. Nieto has defended felony cases in nearly every district in New Mexico, up to first-degree murder. Call (505) 247-1973 before you say anything to anyone.

The word felony is frightening for a reason. A conviction can send you to prison, take away your right to vote and to own a firearm, and follow you on every job and housing application for the rest of your life. But a felony charge is not a felony conviction. The State has to prove every piece of its case, and there is usually more room to fight than people think.

What Counts as a Felony in New Mexico

New Mexico sorts crimes into misdemeanors, handled mostly in Metropolitan and Magistrate Courts, and felonies, handled in District Court. A misdemeanor carries up to 364 days in county jail. A felony carries a year or more in state prison and is ranked by degree. The higher the degree, the more time you face.

Is This You?

Maybe the police showed up with a warrant. Maybe a routine stop turned into something much bigger. Maybe you got a call telling you to turn yourself in, and now your whole family is scared. However it started, you are staring at the possibility of prison and you do not know who to trust.

Here is the first thing to know: do not try to explain it to the detectives. In serious cases, that is exactly what they are hoping you will do. Ask for a lawyer and stop talking. Everything you say can be used to build the case against you.

Talk to Mr. Nieto. The first call is free, and he answers it himself.

Call (505) 247-1973

New Mexico Felony Classes and Prison Ranges

New Mexico law sets a basic sentence for each class of felony. A judge can raise or lower it for aggravating or mitigating facts, and repeat-offender enhancements can add years on top.

Basic sentences under New Mexico’s Criminal Sentencing Act
Felony classBasic prison sentenceMaximum fine
Capital felonyLife imprisonment—
First degree18 years$15,000
Second degree9 years$10,000
Third degree3 years$5,000
Fourth degree18 months$5,000

Some crimes carry their own higher numbers. A second-degree felony that results in death, for example, jumps to 18 years, and a first-degree felony resulting in the death of a child can carry a life sentence. These are the ranges the law starts from, not a promise of what any one case will bring.

What Happens After a Felony Charge

  1. Arrest or summons. A judge sets conditions of release. In felony cases the State may argue to hold you, and Mr. Nieto fights for release on fair terms.
  2. Grand jury or preliminary hearing. Before a felony goes forward, the State must show probable cause, either to a grand jury or a judge. This is an early chance to attack a weak case.
  3. Arraignment in District Court. You enter a not-guilty plea and the case moves into discovery.
  4. Discovery and motions. Mr. Nieto reviews the reports, video, and lab work and moves to suppress illegal stops, searches, and statements.
  5. Plea or trial. Many cases resolve through negotiation, sometimes reduced to a misdemeanor. When the State will not be fair, Mr. Nieto is ready to try the case.

How Mr. Nieto Defends Felony Cases

Serious charges demand serious work. Mr. Nieto digs into how the police built the case and looks for the break in the chain: a search with no warrant, a confession taken after you asked for a lawyer, a witness with a reason to lie, forensic evidence that does not add up. In drug and weapons cases the fight is often about the stop and the search. See drug charges and weapons charges for how those play out.

Because this is a solo firm, Mr. Nieto carries your case himself. He has tried nearly 100 cases to juries and judges, and prosecutors know he will not fold just because a charge sounds scary. That willingness to go to trial is often what makes a good plea possible.

Related Pages

Why Mr. Nieto

The Lawyer Who Has Actually Been There

Art Nieto has personally tried cases from DWI to first-degree murder in nearly every judicial district in New Mexico. He started as a public defender, never a prosecutor, has been licensed to practice law in New Mexico since 2000, and has run his own firm since 2003. When you call, you work with Art himself.

25+Years in New Mexico courtrooms
~100Jury & bench trials
1Lawyer on your case, start to finish
2Offices: Albuquerque & Santa Fe

Common Questions

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

A misdemeanor is punishable by up to 364 days in county jail and is usually handled in Metropolitan or Magistrate Court. A felony is punishable by a year or more in state prison and is handled in District Court. Felonies are ranked from fourth degree, the least serious, up to first degree and capital crimes.

How much prison time does a felony carry?

It depends on the degree. New Mexico sets a basic sentence of 18 months for a fourth-degree felony, 3 years for third degree, 9 years for second degree, and 18 years for first degree. A capital felony carries life. Judges can adjust these for aggravating or mitigating facts, and repeat-offender enhancements can add more time.

Can a felony be reduced to a misdemeanor?

Sometimes, yes. Through negotiation or a plea, a felony can be reduced to a misdemeanor, which changes the punishment and keeps a felony off your record. Whether that is possible depends on the charge, your history, and the strength of the evidence. Mr. Nieto looks hard for that opening in every felony case.

Will I lose my right to vote or own a gun?

A felony conviction takes away your right to own or possess a firearm, and it suspends your right to vote while you are in prison. Under current New Mexico law, voting rights are restored as soon as you are released, even if you are still on probation or parole. Firearm rights are much harder to get back, which is one more reason to fight the felony from the start.

What is a grand jury?

Before most felonies move forward, the State must show a grand jury or a judge that there is probable cause to believe you committed the crime. It is a lower bar than a trial, but it is still an early point where a weak case can be challenged. Having a lawyer involved early can matter a great deal.

Do I really need a lawyer for a felony?

Yes, without question. The stakes are prison and a permanent record, and the State has trained prosecutors and police working against you. A felony is not something to face alone or with a lawyer who does not try cases. The first consultation with Mr. Nieto is free, so there is no cost to find out where you stand.

Tell Mr. Nieto What Happened

The consultation is free, and Mr. Nieto answers your questions himself. No pressure, no obligation — just a straight read on where you stand.