The term “misdemeanor” in New Mexico refers a variety of criminal offenses, including DWI/DUI offenses, theft, assault and battery. Though the state treats misdemeanors less harshly than it treats felony crimes, a misdemeanor conviction can have short- and long-term negative consequences. The attorneys at Simon A. Kubiak, Attorneys At Law, PC, have extensive experience handling misdemeanor charges and are familiar with what types of defenses most commonly work. For aggressive legal representation and an innovative defense strategy, contact our Albuquerque law firm.
Types of Misdemeanor Charges
New Mexico recognizes two types of misdemeanor charges: Petty misdemeanors and misdemeanors. Both types of crimes are less severe in nature than felony offenses. Typically, what separates a petty misdemeanor from a misdemeanor from a felony is the serious of the injury caused to another individual, the amount of drugs in a person’s possession, a person’s intent to distribute or sell drugs and/or the monetary value of stolen property:
- Petty Misdemeanor: A petty misdemeanor is the least serious, jailable offense a person can commit in Albuquerque. (Traffic offenses are less serious than petty misdemeanors, but such offenses are generally not punishable by jail time.) Examples of petty crimes include simple battery, graffiti (property damage less than $1,000), disorderly conduct and shoplifting items with an aggregate value of less than $250.
- Misdemeanors: Misdemeanor charges often involve more damage than petty misdemeanors. For instance, misdemeanor theft involves the theft of property valued at more than $250 but less than $500. The courts are also less forgiving toward misdemeanor crimes. For instance, simple battery may become a misdemeanor if it is committed against a household member or family member.
Both petty misdemeanors and misdemeanors come with maximum jail sentences. A judge may never sentence an offender to more than six months in jail and/or a $500 fine for a petty misdemeanor. The maximum jail sentence for a misdemeanor is one year, while the maximum fine is $1,000.
The Value of Strong Representation
The consequences of a misdemeanor conviction often go beyond jail time and fines and can follow you long into the future. Though many people do not treat misdemeanors seriously, you should if you do not want your future employment, relationships or reputation to be negatively affected. Moreover, if you have other criminal convictions on your record, the judge may impose harsher punishments.
The team at Simon A. Kubiak, Attorneys At Law, PC, fight for the rights and freedom on behalf of the accused. For aggressive and personalized legal representation, contact our team today at (505) 998-6600.