Conspiracy To Commit 4th 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 object of the conspiracy is a fourth degree felony, the conspiracy itself is punished one degree lower than the target offense. Mere knowledge or approval of the criminal objective is insufficient; there must be an agreement to participate in the unlawful scheme.

Possible Punishment

Up to 364 days in county jail and a fine up to $1,000. Under New Mexico's conspiracy statute, an agreement to commit a fourth degree felony is punished as a misdemeanor, which is one degree below the target offense. The sentence may run consecutively to any sentence for the underlying substantive offense if it is also committed.

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.

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