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§ 30-28-2 NMSASecond Degree Felony Other

Conspiracy To Commit 1st Degree Felony

Legal Definition

A person commits conspiracy when they agree with one or more persons to commit a felony and one of them performs an overt act in furtherance of the agreement. When the target offense is a first degree felony, the conspiracy itself is treated as one degree lower. Conspiracy is a separate offense from the completed crime and may be charged even if the underlying felony is attempted or accomplished.

Possible Punishment

Basic sentence of 9 years imprisonment; fine up to $12,500. A mandatory period of parole follows release. Because conspiracy is punished one degree below the target offense, conspiracy to commit a first degree felony is a second degree felony.

Local Context

Under New Mexico law, conspiracy is always one degree less serious than the target crime. The overt act requirement means that mere agreement is insufficient; at least one conspirator must take a concrete step toward committing the felony. Common first degree felony targets include trafficking controlled substances, kidnapping, criminal sexual penetration, and armed robbery.

Holds, Warrants, and Procedural Bookings

Not everything in a jail roster is a fresh local crime. This category covers procedural bookings: fugitive-from-justice holds for other states, probation and parole violations, courtesy holds for other agencies, and catch-all offense codes. The person may face no new Doña Ana County charge at all.

Failure-to-appear and bench-warrant bookings are the most common procedural entries in our data. They resolve through the court that issued the warrant, which is why the fastest path out usually runs through a motion to quash rather than anything that happens at the jail.

Related Guides

Recent Arrests for This Charge (5)

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.