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Misdemeanor > Penalties
 
 
Penalties

The potential penalties for misdemeanor offenses in New Mexico, vary according to whether the crime is a misdemeanor or a petty misdemeanor. Sentencing for misdemeanors and petty misdemeanors is as follows:

A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge.

C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension.

Some common misdemeanors are:
Battery on a household member
Criminal trespass
Larceny (between $100 and $250 dollars)
DWI second and third offense

Some common petty misdemeanors are:
Assault
Battery
Criminal damage to property (under $1,000)
DWI first offense
Larceny ($100 or less)
 
 
 
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