Repeat Offenders

Albuquerque has a severe repeat offender problem. According to recent reports, more than 60% of arrests over the past decade involve repeat offenders. 20% of arrests involve individuals who have been arrested 10 or more times. In an effort to combat these alarming statistics and to reduce crime rates all around, New Mexico has taken a strict stance on repeat offenders.

New Mexico’s Habitual Offender Statute

The number of repeat offenders in New Mexico is so great that the state decided to devise a separate statute to address it. The Habitual Offender Statute takes a harsh and often unfair stance against those with prior felony convictions on their records. Per the statute, any person convicted of two or more felonies in a 10-year period is a repeat offender. The penalties for a repeat offense grow more severe with each subsequent offense:

  • A second non-capitol felony conviction within 10 years of a previous conviction may result in a one-year increase to the basic sentence.
  • A third non-capitol felony conviction within 10 years of a previous conviction may result in a four-year increase to the basic sentence.
  • A fourth non-capitol felony conviction within 10 years of a previous conviction may result in an eight-year increase to the basic sentence.

Sadly, a person’s risk for arrest for a violent crime goes up the more times he or she is arrested. For example, first time arrestees commit violent crimes only 23% of the time. Individuals who have been arrested eight or more times commit violent crimes 72% of the time.

Staunch Advocates for Habitual Offenders

The consequences for repeat offenders are harsh and oftentimes unfair. If you have prior felony convictions on your record, and if you face additional felony charges, do not hesitate to contact the experienced criminal defense attorneys at Simon A. Kubiak, Attorneys At Law, PC. Our attorneys are prepared to provide the staunch legal advocacy your case requires, and to ensure that the state follows the strict processes and procedures necessary for proving prior convictions. If the state can successfully prove priors, we will use our negotiation skills to see if we can get it to drop some of them or, in the best-case scenario, all of them. You cannot know your options, however, unless you consult with a veteran criminal defense attorney. Contact Simon A. Kubiak and team today to schedule your initial consultation.

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102