In the land of enchantment, New Mexico, there is a quiet struggle that goes unnoticed by many. It’s a struggle between the law and those who find themselves on the wrong side of it. In this arid landscape, transgressions are sorted and measured by their weight on society. Lesser offenses, known as misdemeanors and petty misdemeanors, carry lighter sentences than their more grievous counterparts, felonies. Yet, even these minor infractions can leave a lasting mark on a person’s life, like footprints in the desert sand.
Petty misdemeanors, like simple assault and battery, petty larceny, or firing a gun into an empty building, can carry the burden of up to six months in jail and a fine of $500. Misdemeanors, on the other hand, are transgressions such as harassment, trespassing on private lands, or resisting arrest. They may result in imprisonment for more than six months but less than a year, and a fine that can reach up to $1,000.
But the law, like the land, is not always unyielding. In some cases, it may show mercy or leniency. A first-time DUI offender, for instance, may be ordered to serve 24 hours of community service in lieu of a 90-day sentence and a $500 fine. And for the possession of an illegal device for unauthorized telecommunications, the law mandates a minimum sentence of 30 days in jail but allows for the possibility of the standard maximum jail term.
Sometimes, though, the law can be harsher for those who repeatedly transgress its boundaries. In New Mexico, a first-time offense of stalking is a misdemeanor, but subsequent offenses are elevated to felonies. Similarly, battery against a household member, a dark stain on the human soul, becomes a felony after the third offense.
Once a conviction has been rendered, a judge, a keeper of the scales of justice, will deliberate on the appropriate sentence within the confines of the law. They will weigh the circumstances of the crime, the defendant’s past, and the potential danger to the community.
For those found guilty of misdemeanors, a judge may impose a sentence of jail time, a fine, or both. In some cases, the judge may suspend the sentence, in whole or in part, and grant the defendant probation, which may require community service, counseling, or victim restitution.
In the shadow of the court, the district attorney may extend a hand to certain defendants, offering a way out of the conviction through pre-prosecution diversion or PPD. This program allows the defendant to make amends by adhering to the terms set out by the district attorney. Those who walk this path without faltering will find their charges dismissed, like clouds lifting after a desert storm.
Yet, even a misdemeanor conviction, lighter than a felony, can cast a long shadow on a person’s life, making it harder to find employment, secure housing, or even obtain certain government benefits. For those facing such charges, the counsel of an experienced attorney can be as vital as a well in the desert. Attorney Barry Klopfer, who began his journey in the law as a New Mexico DWI prosecutor over twenty years ago, has the knowledge and experience to defend those charged with misdemeanors. Reach out to the law office of Barry Klopfer PC today at (505) 722-9231.