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§ 30-28-2 NMSAThird Degree Felony Other

Conspiracy To Commit 2nd 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. Conspiracy to commit a second degree felony involves an agreement to commit an offense classified as a second degree felony under New Mexico law. The conspiracy is complete upon the agreement and overt act, even if the target offense is never completed.

Possible Punishment

Basic sentence of 3 years imprisonment; fine up to $5,000. Under New Mexico's conspiracy statute, conspiracy to commit a second degree felony is punishable one degree lower than the target offense, making it a third degree felony. A mandatory period of parole follows release.

Local Context

Common second degree felony targets include second-degree murder, aggravated assault resulting in great bodily harm, residential burglary, and certain drug trafficking offenses. Each conspirator may be convicted regardless of whether the substantive offense was completed or attempted. Co-conspirators need not know all details of the plan or the identity of all participants.

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 (6)

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.