New Mexico Statutes 30-28-1. Attempt to commit a felony
Attempt to commit a felony consists of an overt act in furtherance of and with intent to commit a felony and tending but failing to effect its commission.
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | up to 18 years | up to $15,000 |
| second degree felony | up to 9 years | up to $10,000 |
| third degree felony | up to 3 years | up to $5,000 |
| fourth degree felony | up to 18 months | up to $5,000 |
Terms Used In New Mexico Statutes 30-28-1
- Conviction: A judgement of guilt against a criminal defendant.
Whoever commits attempt to commit a felony, upon conviction thereof, shall be punished as follows:
A. if the crime attempted is a capital or first degree felony, the person committing such attempt is guilty of a second degree felony;
B. if the crime attempted is a second degree felony, the person committing such attempt is guilty of a third degree felony;
C. if the crime attempted is murder in the second degree, the person committing the attempted murder is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 N.M. Stat. Ann., the basic sentence of imprisonment is nine years;
D. if the crime attempted is a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and
E. if the crime attempted is a fourth degree felony, the person committing such attempt is guilty of a misdemeanor.
No person shall be sentenced for an attempt to commit a misdemeanor.