Updated July 2026
A misdemeanor is a crime New Mexico punishes by up to 364 days in county jail. It is less serious than a felony, but it is still a criminal charge that can cost you a job, a professional license, or your peace of mind. Most Albuquerque misdemeanors run through Bernalillo County Metropolitan Court. Call (505) 247-1973 for a free look at your case.
People sometimes shrug off a misdemeanor as no big deal. That is a mistake. A conviction goes on your record, shows up in background checks, and can stack up if it ever happens again. The good news is that misdemeanors are often very defensible, and many can be resolved without a conviction at all.
What Is a Misdemeanor in New Mexico
New Mexico has two levels below the felony line. A petty misdemeanor is punishable by up to 6 months in jail and a fine of up to $500. A misdemeanor is punishable by up to 364 days in county jail and a fine of up to $1,000. Common examples include first-offense DWI, petty theft, simple assault or battery, and many household-member charges.
| Level | Maximum jail | Maximum fine |
|---|---|---|
| Petty misdemeanor | 6 months | $500 |
| Misdemeanor | 364 days | $1,000 |
Is This You?
You got a citation or were booked and released, and you have a court date coming. It may be your first time in any kind of trouble. You are worried about missing work for court, about what your employer will see, and about whether this will haunt you. You want it handled quietly and correctly, without making it worse.
That is exactly the kind of case Mr. Nieto handles every week. Often he can appear for you so you do not have to take as much time off, and often the goal is to keep the charge off your record entirely.
Talk to Mr. Nieto. The first call is free, and he answers it himself.
Call (505) 247-1973How Metropolitan Court Works
In Albuquerque, misdemeanors are handled in Bernalillo County Metropolitan Court. The path usually looks like this:
- Arraignment. You are told the charge and enter a plea. You plead not guilty so Mr. Nieto can review the evidence.
- Pretrial. The State turns over its reports and video. Mr. Nieto looks for problems with the stop, the arrest, or the proof.
- Negotiation. Many cases resolve here, sometimes with a dismissal, a diversion program, or a plea to something that leaves no conviction.
- Trial. If the State will not be fair, the case can go to a bench or jury trial in Metro Court.
Outside Bernalillo County, the same kinds of cases run through Magistrate Courts, and the process is similar.
Why a Misdemeanor Still Matters
A misdemeanor conviction can block certain jobs, professional licenses, and housing. Some misdemeanors carry hidden consequences: a domestic violence conviction can cost you the right to own a firearm under federal law, and any conviction can be used against you if you are ever charged again. That is why it is worth fighting even a low-level charge, and why a clean resolution is worth so much.
How Mr. Nieto Defends Misdemeanor Cases
Mr. Nieto treats a misdemeanor with the same care as a bigger case, because to you it is a big case. He checks whether the police had a legal reason for the stop, whether your rights were respected, and whether the State can actually prove what it claims. When the evidence is weak, he pushes for a dismissal. When a first mistake is the real story, he pushes for a path that keeps your record clean, like a diversion or conditional discharge. And if trial is the right move, he is ready.