(Attempted) Armed Robbery
Legal Definition
A person commits attempted armed robbery when they take a substantial step toward the intentional taking of anything of value from another person by use or threatened use of a deadly weapon, but do not complete the offense. Armed robbery itself requires the unlawful taking of property from the person of another or in the immediate control of another, by use or threatened use of a deadly weapon. An attempt to commit armed robbery is classified as a third degree felony, one degree lower than the completed second degree felony offense.
Possible Punishment
Because first-offense armed robbery is a second degree felony, an attempt is one degree lower: a third degree felony punishable by up to 3 years imprisonment and a fine of up to $5,000.
Local Context
The attempt statute (§ 30-28-1) reduces the classification of any attempted crime by one degree from the completed offense. Armed robbery under § 30-16-2 is a second degree felony when completed, making attempted armed robbery a third degree felony. The attempt requires a substantial step beyond mere preparation, demonstrating a firm intent to commit the robbery. The presence or threatened use of a deadly weapon distinguishes this from attempted robbery without a weapon.
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
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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 (2)
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.