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§ 30-28-2 NMSAFourth Degree Felony Other

Conspiracy To Commit 3rd 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 third degree felony, the conspiracy itself is treated as one degree lower. Mere knowledge or approval of the criminal objective is insufficient; there must be an intentional agreement to commit the crime.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. New Mexico law provides that conspiracy to commit a felony is punishable as one degree lower than the target offense, so conspiracy to commit a third degree felony is a fourth degree felony. A mandatory period of parole follows release.

Local Context

The conspiracy is complete upon agreement plus one overt act by any co-conspirator; the target felony need not be completed or even attempted. Common third degree felony targets include certain theft, fraud, drug possession, and assault offenses. Each conspirator is liable for the conspiracy regardless of who performed the overt act.

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 (8)

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.