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Three Strikes and Habitual Offender Laws in New Mexico

How New Mexico law treats three strikes and habitual offender laws, from the state code and official state agencies.

Short answer: New Mexico has two repeat-offender laws. Habitual offender: a person convicted of a noncapital felony with one prior felony conviction has the basic sentence increased by one year (which may be suspended only if both felonies were nonviolent and the court makes specific findings); NMSA 1978, 31-18-17(A)-(D); 31-18-23(A)-(E)

Three strikes and habitual offender lawsNew Mexico has two repeat-offender laws. Habitual offender: a person convicted of a noncapital felony with one prior felony conviction has the basic sentence increased by one year (which may be suspended only if both felonies were nonviolent and the court makes specific findings); with two prior felonies, by four years; and with three or more, by eight years, which cannot be suspended or deferred. A prior counts only if less than ten years have passed since the person finished the sentence, probation or parole for it, and felony DWI convictions do not count. 'Three strikes': a person convicted of a third violent felony (first- or second-degree murder; shooting at or from a vehicle, kidnapping or armed robbery causing great bodily harm; or listed criminal sexual penetration offenses), each from a separate occurrence, must receive life imprisonment, with parole possible; felonies committed before age 18 do not count.

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FAQ

Does New Mexico have a three strikes law?
New Mexico has two repeat-offender laws. Habitual offender: a person convicted of a noncapital felony with one prior felony conviction has the basic sentence increased by one year (which may be suspended only if both felonies were nonviolent and the court makes specific findings); with two prior felonies, by four years; and with three or more, by eight years, which cannot be suspended or deferred. A prior counts only if less than ten years have passed since the person finished the sentence, probation or parole for it, and felony DWI convictions do not count. 'Three strikes': a person convicted of a third violent felony (first- or second-degree murder; shooting at or from a vehicle, kidnapping or armed robbery causing great bodily harm; or listed criminal sexual penetration offenses), each from a separate occurrence, must receive life imprisonment, with parole possible; felonies committed before age 18 do not count.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.