Protect Yourself with a Felony Attorney
Prosecutors aggressively pursue felony convictions, and your options are limited even with a first offense. You need a legal advocate who knows the ins and outs of the law and the skill to challenge the case against you.
Attorney Patscheck is a former prosecutor who uses her background and knowledge to benefit every client. When your case involves felony allegations, that means fighting to get your charges reduced or dropped by attacking the evidence, identifying errors, and striving for the best possible resolution.
Get an Aggressive Felony Defense
We can fight felony charges to prevent you from jail, fines, license suspension, and a lasting criminal record. As our client, you can expect:
- Questions to be answered in a free consultation.
- An accurate assessment of what happened
- Open discussion about potential pleas, diversion options, and what’s best for you.
- Aggressive representation of your interests in and out of court
- The utmost discretion when tackling the issues in your case.
- An experienced trial attorney who is not afraid of the courtroom
No matter who you are, what was alleged, or how you came to be charged with a felony, you deserve respectful, assertive, and compassionate legal representation.
Felonies in Farmington, New Mexico
Unlike misdemeanors, felony charges carry significant penalties. Some typical felonies in San Juan County criminal courts include:
- Trafficking or Possession of a Controlled Substance
- Property crimes
- Violent crimes
This is by no means an exhaustive list of felonies. If you have been charged with another felony in San Juan County, we may still be able to defend you.
Felony Conviction Penalties
When you are found guilty of a felony, you’ll face various penalties based on the details involved and the crime’s classification. This includes time in prison, fines, possible sex offender registry, and permanent mark on your record.
New Mexico has five felony classifications:
- Capital felonies
- First-degree felonies
- Second-degree felonies
- Third-degree felonies
- Fourth-degree felonies
Each of these felonies carry their own maximum penalties. But you could also have your sentence enhanced depending on the details of your case. Some of these felonies will also have mandatory minimum sentences. Since there are so many different penalties you could be facing, you’ll need a detail-oriented felony lawyer who can inform you of the severity of the specific charges you’re facing.
Capital felony charges are the most severe. If found guilty of a capital felony, you will be sentenced to life in prison. Before 2009, you could have been sentenced to death for a capital felony. Depending on the specifics, you could be sentenced to life without the possibility of parole.
Examples of a capital felony include:
- First-degree murder (premeditated)
- Murder while committing another felony
- Depraved mind murder
First-degree felonies are less serious than capital felonies but still carry devastating penalties. If convicted, you could spend as few as eighteen years or as much as the rest of your life in prison. You could also be fined between $15,000 and $17,500.
Examples of first-degree felonies include:
- Criminal Sexual Penetration of a Minor
- Child Abuse resulting in Great Bodily Harm or Death
If convicted of a second degree-felony, you could spend up to fifteen years in state prison, depending on the specific details of your case. You could also be fined as much as $12,500.
Examples of second-degree felonies in N.M. include:
- Drug Trafficking
- Some drunk driving offenses
- Vehicular Homicide
- Embezzlement over a certain amount
- Armed robbery
- Some child pornography offenses
If convicted of a third-degree felony, you could spend as much as three years in prison. You could also be fined up to $5,000.
Third-degree felonies in Farmington include:
- Domestic violence
- Aggravated battery
- Aggravated assault on a healthcare worker
- Voluntary manslaughter
- Some drunk driving offenses
Fourth-degree felonies are the least serious, but still carry severe consequences. Some examples are:
- Battery on a Peace Officer
- Battery on a Health Care Worker
- False Imprisonment
- Auto Burglary
- Breaking and Entering
- Property damage
- Possession of certain illegal drugs
- Aggravated assault
If you are convicted of a fourth-degree felony, you could expect to spend up to eighteen months in prison and pay fines as high as $5,000.
When Felony Penalties Increase
New Mexico is unique in that it allows for certain crimes and cases to have additional penalties added to their original felony sentence. For example, you might have increased penalties if you are a habitual offender. This means that you have previous felony convictions on your criminal record.
For every prior felony on your record, your sentence will increase. One prior felony will get you an additional year in prison. But three or more felonies will get you an extra eight.
Hate Crime Felonies
You can also expect your sentence to be increased if the jury finds that the crime in question was a hate crime. This means that the crime was motivated by the victim’s religion, race, gender, or sexual orientation, among others. If you have a prior hate crime conviction, you can expect an additional two years added to your sentence.
When Felonies Get Reduced
Just as you have the potential to get your penalties increased, you could also have your penalties or the charges themselves reduced. The court may suspend your prison sentence and place you on probation or require you to complete a drug or alcohol treatment program.
Reducing felony charges is more common if it’s your first offense, but second, third, and fourth-degree felonies can also be improved.