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:
ClassPrisonFine
first degree felonyup to 18 yearsup to $15,000
second degree felonyup to 9 yearsup to $10,000
third degree felonyup to 3 yearsup to $5,000
fourth degree felonyup to 18 monthsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

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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 a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and

D. 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.