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If you’ve heard of New Mexico’s ‘Three Strikes’ Law, you already know being charged with a felony is serious. If you already have prior convictions, things can get much worse. Thanks to the NM habitual offender law, the state can increase your sentence simply because of your criminal history.
We often hear from people who don’t realize how harsh these laws can be. Here’s what you need to know if you’re facing a new felony charge—and how a strong legal defense can help you avoid severe repeat offense penalties.
What Is New Mexico’s Habitual Offender Law?
New Mexico doesn’t have a formal “three strikes” law like some states, but its habitual offender law serves a similar purpose. It allows prosecutors to seek felony sentencing enhancements for individuals with prior felony convictions.
Even if your current charge is unrelated to your past offenses, prior convictions can add years—sometimes decades—to your sentence.
For example:
- One prior felony: An additional year in prison.
- Two prior felonies: An additional four years.
- Three or more prior felonies: Up to eight extra years.
These additional years are mandatory. Judges have limited discretion once the enhancement is applied.
How Prior Convictions Change Your Case
The presence of previous felonies can shift your case dramatically:
- Higher bail amounts or denial of bail
- Stronger pressure to accept plea deals
- Limited eligibility for diversion or alternative sentencing programs
- Longer incarceration terms, even for non-violent offenses
In other words, your past follows you into court. That’s why anyone with a criminal record must act fast and build a smart defense.
What Counts as a Prior Felony?
Any felony conviction, whether in New Mexico or another state, could qualify under the NM habitual offender law. This includes non-violent offenses like burglary or drug possession.
However, your attorney may be able to challenge whether certain convictions apply—especially older out-of-state offenses or charges that may not meet New Mexico’s criteria.
Can You Avoid Sentence Enhancements?
Yes. A skilled attorney can fight to prevent felony sentencing enhancements by:
- Disputing the validity of your prior convictions
- Arguing that they don’t meet the legal threshold under NM law
- Negotiating a plea that excludes the habitual offender enhancement
- Filing motions to suppress past convictions that were unconstitutional
If your rights were violated in a previous case—for example, if you didn’t have a lawyer or weren’t properly informed of your plea—your current attorney may be able to keep those priors out of court.
How a Criminal Record Expungement Lawyer Can Help
If you have old felony convictions on your record, you may be eligible for criminal record expungement in New Mexico. This process can seal past charges from public view, and in some cases, prevent them from being used against you in court.
A criminal record expungement lawyer can review your history and determine if you qualify. Even if you’re not currently facing charges, cleaning up your record now could protect you in the future.
What You Should Do Now
If you’re facing felony charges and have prior convictions, don’t wait. Prosecutors will likely seek repeat offense penalties, and your sentencing exposure may be much higher than you think.
Your first step should be hiring a defense attorney who understands New Mexico’s sentencing laws—and how to challenge enhancements under the NM habitual offender law.
Our firm has extensive experience in felony defense and sentence mitigation. We’ll analyze your past, fight to protect your future, and explore every legal option to reduce or dismiss charges. You can contact us here or visit our Albuquerque office for a private consultation.