Murder (Capital Crime Attempt)
Legal Definition
A person commits Murder (Capital Crime Attempt) when they take a substantial step toward intentionally causing the death of another human being under circumstances that would constitute capital or first-degree murder, but the killing is not completed. This offense requires specific intent to kill and conduct that goes beyond mere preparation, constituting a direct movement toward commission of the murder. Under § 30-28-1 NMSA, an attempt to commit a capital or first degree felony is classified as a Second Degree Felony, punishable by up to 9 years imprisonment and a fine of up to $12,500.
Possible Punishment
As an attempt to commit a capital or first degree felony, it is a second degree felony punishable by up to 9 years imprisonment and a fine of up to $12,500.
Local Context
This charge applies when the defendant's conduct demonstrates a clear intent to commit murder but the death does not occur, whether due to intervention, abandonment, or other circumstances preventing completion. The attempt statute requires both the intent to commit the underlying offense and an overt act constituting a substantial step toward its commission. If the murder were completed, the charge would be first-degree murder (§ 30-2-1) or capital felony murder depending on the circumstances. Related provisions include § 30-28-1 (criminal attempt generally) and § 30-2-1 (murder classifications).
Violent-Crime Cases in Doña Ana County
Violent charges are where New Mexico's pretrial system shows its teeth. For serious felony cases (aggravated battery, armed robbery, homicide), the District Attorney frequently files a pretrial detention motion asking the Third Judicial District Court to hold the defendant with no possibility of release. That is why some people in our booking feed are released within a day while others charged under the same statute stay in custody until trial.
Many bookings in this category involve household members, which triggers additional consequences: no-contact release conditions, orders of protection, and, after a qualifying conviction, a federal firearm prohibition. Charges listed at booking are the arresting officer's charges; the DA decides what is actually filed, and amendments are common in violent-crime cases as evidence develops.
Related Guides
Domestic Violence Charges in New Mexico: Household Members, No-Contact Orders, and Why Victims Can't Drop Charges
How battery against a household member works in New Mexico: misdemeanor vs. felony versions, no-contact release conditions, protection orders, and firearm consequences.
Bail in New Mexico: Why There Is (Mostly) No Cash Bail Anymore
New Mexico voters ended most cash bail in 2016. How pretrial release, bond conditions, and no-bail detention actually work in Doña Ana County courts.
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Recent Arrests for This Charge (3)
Sunland Park Woman, 31, Booked on Attempted Murder and Battery Charges
SARAI ORTIZ | 5 charges
Las Cruces Man, 48, Booked on Attempted Murder and Evidence Tampering Charges
EDDIE VALDEZ | 2 charges
Santa Teresa Man, 20, Booked on Attempted Murder and Battery Charges
KEVIN MARIN | 3 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.