New Mexico Criminal Defense Lawyer

A DWI charge in New Mexico carries some of the steepest penalties in the country, and they escalate fast with each subsequent offense. NMSA § 66-8-102 sets the framework.

A first offense is a misdemeanor punishable by up to 90 days in jail, a $500 fine, and mandatory community service. A second offense becomes a misdemeanor with up to 364 days in jail and a $1,000 fine. By the fourth offense, you are looking at a fourth-degree felony, 18 months of imprisonment with 6 months mandatory. An eighth or subsequent offense is a second-degree felony, 12 years of imprisonment with 10 years mandatory.

Aggravated DWI applies when your blood alcohol content is 0.16 or higher, when you cause bodily injury while driving under the influence, or when you refuse chemical testing. Driving while intoxicated with a minor in the vehicle (NMSA § 66-8-102.5) carries its own enhanced penalties.

Johnn challenges every part of a DWI case. The traffic stop. The field sobriety tests. The breath or blood test procedures. The arresting officer's training and reports. He prosecuted DWIs before he defended them, so he knows where the weaknesses usually live.

Already convicted? See our DWI Expungement in New Mexico guide for what can and cannot be cleared.

New Mexico's assault and battery statutes (NMSA §§ 30-3-1 through 30-3-5) cover everything from simple assault to aggravated battery causing great bodily harm.

Simple assault is a petty misdemeanor with up to 6 months of jail time. Aggravated battery causing great bodily harm or committed with a deadly weapon is a third-degree felony with a 3-year sentence.

Charges in this category often rest on competing accounts of what happened. Johnn knows how to challenge witness credibility, identify inconsistencies in police reports, and present self-defense or lack-of-intent arguments effectively.

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Charges under New Mexico's Crimes Against Household Members Act (NMSA §§ 30-3-10 through 30-3-18) carry consequences far beyond the criminal sentence. A conviction can affect child custody, professional licensing, gun rights, immigration status, and protective orders against you.

Aggravated battery against a household member (NMSA § 30-3-16) is a third-degree felony with a 3-year sentence. These cases also fall under the longest expungement waiting period in New Mexico law, ten years from completion of sentence. Defending them requires careful work from the moment of arrest.

Johnn handles these cases in Bernalillo County, Doña Ana County, Santa Fe County, and statewide. He understands what prosecutors look for, what evidence they consider thin, and how to position cases for the best possible resolution.

Felony classifications and basic sentences under NMSA § 31-18-15 set the stakes:

• Fourth-degree felony: 18 months imprisonment.
• Third-degree felony: 3 years (6 years if the offense resulted in death).
• Second-degree felony: 9 years (15 years for a sexual offense against a child, 18 years if the offense resulted in the death of a human being).
• First-degree felony: 18 years, with life imprisonment for aggravated criminal sexual penetration or first-degree felonies resulting in the death of a child.

Fines range from $5,000 to $17,500 depending on the classification. These numbers do not include enhancements, habitual offender additions, or the mandatory parole and probation that often follow.

Felony cases are won or lost in the early stages. Charging decisions, motion practice, evidence suppression, and plea negotiations all happen before trial. Johnn's prosecutorial background gives him an edge at every one of these stages.

A misdemeanor under NMSA § 31-19-1 carries up to one year in jail and a $1,000 fine. A petty misdemeanor carries up to 6 months and a $500 fine.

People often assume misdemeanor charges are not worth fighting hard. They are wrong. A misdemeanor conviction shows up on background checks, affects job applications, can disqualify you from professional licenses, and stays on your record for at least the two-year waiting period before expungement is even an option (longer for certain offenses).

A misdemeanor on your record costs you for years. Johnn defends misdemeanors in metropolitan, magistrate, and district courts across New Mexico.

NMSA § 31-21-15 governs probation revocation. A violation can mean serving the original sentence in full, with no credit for time spent on probation. Common violations include missed check-ins, failed drug tests, new arrests, missed restitution payments, and technical violations like contact with restricted parties.

The standard of proof at a probation violation hearing is lower than at trial, but the consequences are immediate. Quick, strategic representation matters. Johnn defends probation violation hearings throughout New Mexico, drawing on his prosecutorial experience to anticipate exactly how the State will frame the alleged violation.

Suppression motions, motions to dismiss, motions in timeline. This is where strong defense work changes outcomes before a trial ever happens.

Most cases resolve here. The right defense attorney knows what offers are realistic, which ones to reject, and when to push for diversion or treatment alternatives.

If no plea is reached, the case goes to a judge or jury. Johnn has tried cases on both sides of the courtroom.

If convicted, the court imposes a sentence. Mitigation work matters, even at this stage.