N.M. Stat. » N.M. Stat. / Chapter 31 / Article 19
New Mexico Statutes

N.M. Stat. § 31-19-1 (2026)

Sentencing authority[;] misdemeanors; imprisonment and

✓ current as of May 2026
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fines; probation.
   A. Where the defendant has been convicted of a crime constituting a misdemeanor,
the judge shall sentence the person to be imprisoned in the county jail for a definite term
less than one year or to the payment of a fine of not more than one thousand dollars
($1,000) or to both such imprisonment and fine in the discretion of the judge.

   B. Where the defendant has been convicted of a crime constituting a petty
misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for
a definite term not to exceed six months or to the payment of a fine of not more than five
hundred dollars ($500) or to both such imprisonment and fine in the discretion of the
judge.

   C. When the court has deferred or suspended sentence, it shall order the defendant
placed on supervised or unsupervised probation for all or some portion of the period of
deferment or suspension.

History: 1953 Comp., § 40A-29-4, enacted by Laws 1963, ch. 303, § 29-4; and
recompiled as 1953 Comp., § 40A-29-35, by Laws 1977, ch. 216, § 16; 1981, ch. 18, §
1; 1984, ch. 106, § 1.

                                      ANNOTATIONS

Cross references. — For misdemeanor penalty under Motor Vehicle Code, see 66-8-7
NMSA 1978.
Section was not applicable where defendant violated former 64-10-1, 1953 Comp.,
which was not a Criminal Code misdemeanor. State v. Sawyers, 1968-NMCA-051, 79
N.M. 557, 445 P.2d 978.

Special statute controlling. — Section 30-1-6 NMSA 1978 and this section refer
generally to the sentence for misdemeanors; former 64-10-1, 1953 Comp., provided a
specific sentence for that misdemeanor. If the general statute, standing alone, would
include the same matter as the special statute and thus conflict with the special statute,
the special statute controls, since it is considered an exception to the general statute.
State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Prosecution for violation of 25-3-15 NMSA 1978 regulation of meat inspection
board. — In a prosecution for violation of Section 25-3-15 NMSA 1978, declaring
slaughter without inspection and sale of uninspected meat to be misdemeanors, and
Section 77-2-22 NMSA 1978, declaring violation of a regulation of the meat inspection
board to be a petty misdemeanor, the trial court's sentencing authority for the offense is
this section. State v. Pina, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.

Confinement for more than one year in custody of corrections department. —
Defendant whose continuous sentence was for more than one year was properly
sentenced to the custody of the corrections department rather than the county jail, as
the place of confinement, under Sections 31-20-2A and 33-2-39 NMSA 1978, depends
on the length of confinement. State v. Musgrave, 1984-NMCA-127, 102 N.M. 148, 692
P.2d 534.

Maximum period of probation. — The maximum period of probation that may be
assessed in misdemeanor or petty misdemeanor cases is the maximum allowable
period of incarceration for that crime, irrespective of whether a defendant is sentenced
in district court or in a lower tribunal. State v. Candelaria, 1991-NMCA-107, 113 N.M.
288, 825 P.2d 221.

Place of confinement is county jail. — The place of confinement for misdemeanors
under the Criminal Code is the county jail under this section. State v. Sawyers, 1968-
NMCA-051, 79 N.M. 557, 445 P.2d 978.

Specific sentence held lawful. — A sentence of 364 days in a county detention
center, suspended with the exception of eighteen days to be served on the defendant’s
days off from work or on weekends, with the remainder of the sentence to be served on
unsupervised probation, is in accord with this section and is therefore appropriate and
legal. State v. Orquiz, 2003-NMCA-089, 134 N.M. 157, 74 P.3d 91.

Jury trial in misdemeanor cases. — Those misdemeanors triable in district court do
not provide for a trial by jury unless such crime was of the type which enjoyed and
permitted trial by jury at the time of the adoption of N.M. Const., art. II, § 12. 1964 Op.
Att'y Gen. No. 64-37.
Magistrate court may order restitution. — The magistrate court may, as part of its
sentencing power, order a Criminal Code or Motor Vehicle Code violator to make
restitution. 1979 Op. Att'y Gen. No. 79-18.

Law reviews. — For article, "The New Mexico Children's Code: Some Remaining
Problems," see 10 N.M.L. Rev. 341 (1980).

For comment, "The Constitution is Constitutional - A Reply to The Constitutionality of
Pretrial Detention Without Bail in New Mexico," see 13 N.M.L. Rev. 145 (1983).

For article, "Unintentional homicides caused by risk-creating conduct: Problems in
distinguishing between depraved mind murder, second degree murder, involuntary
manslaughter, and noncriminal homicide in New Mexico," 20 N.M.L. Rev. 55 (1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law §§ 27, 29,
825.

Admissibility of expert testimony as to appropriate punishment for convicted defendant,
47 A.L.R.4th 1069.

Appealability of order suspending imposition or execution of sentence, 51 A.L.R.4th
939.
Notes of Decisions
Cited in 43 cases (9 in the last 5 years), 1984–2026 · leading case: State v. Ramos, 2013 NMSC 031 (N.M. 2013).
Sort: Relevance Newest Treatment
State v. Ramos, 2013 NMSC 031 (N.M. 2013). · cites it 10× “” Section 40-13-6(F) states: A restrained party convicted of violating an order of protection granted by a court under the Family Violence Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a second or subsequent…”
State v. NICK R., 218 P.3d 868 (N.M. 2009). · cites it 2× “{13} The basic crime of unlawful carrying of a deadly weapon is contained in NMSA 1978, Section 30-7-2(A) (2001), which imposes a petty misdemeanor criminal penalty of up to six months in jail, and NMSA 1978, § 31-19-1(B) (1984), for carrying “a concealed loaded firearm or any…”
State v. Candelaria, 825 P.2d 221 (N.M. Ct. App. 1991). · cites it 14× “These statutes are NMSA 1978, Sections 31-19-1(C) (sentencing authority for misdemeanors), 31-20-5(A) (probation requirements where sentence is suspended or deferred), and 31-20-6(C) (authorized length of probation where sentence is suspended or deferred) (Repl.”
State v. Johnson, 758 P.2d 306 (N.M. Ct. App. 1988). · cites it 2× “NMSA 1978, § 31-19-1 (Repl.Pamp.1987). If the only recommendation made by the state was that the magistrate court consider a presentence report before sentencing, that recommendation was accepted together with the plea.”
State v. Herrera, 2014 NMCA 7 (N.M. Ct. App. 2013). · cites it 2× “See NMSA 1978, § 31-18-15 (2007) (establishing the basic sentences and fines for felonies); NMSA 1978, § 31-19-1 (1984) (establishing the sentences and fines for petty misdemeanors and misdemeanors).”
State v. Orquiz, 74 P.3d 91 (N.M. Ct. App. 2003). · cites it 2× “Section 31-19-1(0). The trial court sentenced Defendant to 364 days in the Eddy County Detention Center, suspended the sentence with the exception of eighteen days to be served on Defendant’s days off from work or on weekends, and ordered Defendant to serve the remainder of his…”
United States v. Chapman, 839 F.3d 1232 (10th Cir. 2016). “The district court also imposed the maximum available fine under state law—$1,000, see N.M. Stat. § 31-19-1(A)—even though federal law permitted a fine of up to $100,000, see 18 U.”
State v. Musgrave, 692 P.2d 534 (N.M. Ct. App. 1984). · cites it 6× “Defendant does not complain of the terms of the sentence, see Section 31-19-1 (Cum.Supp.1984), nor does he assert that it was improper to require that the sentences for the two offenses be served consecutively.”
State v. Greyeyes, 734 P.2d 789 (N.M. Ct. App. 1987). · cites it 2× “See NMSA 1978, § 31-19-1(A) (Cum.Supp.1986). IT IS SO ORDERED.”
Helena Chem. Co. v. Uribe, 2013 NMCA 17 (N.M. Ct. App. 2012). · cites it 2× “See NMSA 1978, § 31-19-1 (A) (1984) (stating the possible penalties for a misdemeanor); see also Alcen, 2002-NMSC-021, ¶ 27 (explaining that “[t]he possibility of a jail sentence justifies a substantial punitive damages award”).”
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991). · cites it 4× “See NMSA 1978, § 31-19-1(A) (Repl.Pamp. 1990); see also NMSA 1978, § 30-1-1 (Repl.”
State v. Vigil, 711 P.2d 26 (N.M. Ct. App. 1985). · cites it 8× “Section 1 of the 1984 law appears in the statutes as NMSA 1978, Section 31-19-1 (Cum.Supp.1985). As amended, Section 31-19-1 sets forth the sentencing authority for misdemeanors.”
Show all 43 citing cases →
N.M. Stat. § 31-19-1(0): 1 case
State v. Orquiz, 74 P.3d 91 (N.M. Ct. App. 2003). “Section 31-19-1(0). The trial court sentenced Defendant to 364 days in the Eddy County Detention Center, suspended the sentence with the exception of eighteen days to be served on Defendant’s days off from work or on weekends, and ordered Defendant to serve the remainder of his…”
N.M. Stat. § 31-19-1(A): 11 cases
State v. Ramos, 2013 NMSC 031 (N.M. 2013). “” Section 40-13-6(F) states: A restrained party convicted of violating an order of protection granted by a court under the Family Violence Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a second or subsequent…”
United States v. Chapman, 839 F.3d 1232 (10th Cir. 2016). “The district court also imposed the maximum available fine under state law—$1,000, see N.M. Stat. § 31-19-1(A)—even though federal law permitted a fine of up to $100,000, see 18 U.”
State v. Greyeyes, 734 P.2d 789 (N.M. Ct. App. 1987). “See NMSA 1978, § 31-19-1(A) (Cum.Supp.1986). IT IS SO ORDERED.”
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991). “See NMSA 1978, § 31-19-1(A) (Repl.Pamp. 1990); see also NMSA 1978, § 30-1-1 (Repl.”
State v. Ramos, 2013 NMSC 31 (N.M. 2013).
N.M. Stat. § 31-19-1(A)(1984): 1 case
State v. Frawley, 172 P.3d 144 (N.M. 2007).
N.M. Stat. § 31-19-1(B): 6 cases
State v. NICK R., 218 P.3d 868 (N.M. 2009). “{13} The basic crime of unlawful carrying of a deadly weapon is contained in NMSA 1978, Section 30-7-2(A) (2001), which imposes a petty misdemeanor criminal penalty of up to six months in jail, and NMSA 1978, § 31-19-1(B) (1984), for carrying “a concealed loaded firearm or any…”
State v. Mendoza, 858 P.2d 860 (N.M. Ct. App. 1993).
State v. Fike, 2002 NMCA 027 (N.M. Ct. App. 2002).
State v. Fike, 41 P.3d 944 (N.M. Ct. App. 2002).
Cabrera v. City of Hobbs (D.N.M. 2021).
N.M. Stat. § 31-19-1(C): 4 cases
State v. Candelaria, 825 P.2d 221 (N.M. Ct. App. 1991). “These statutes are NMSA 1978, Sections 31-19-1(C) (sentencing authority for misdemeanors), 31-20-5(A) (probation requirements where sentence is suspended or deferred), and 31-20-6(C) (authorized length of probation where sentence is suspended or deferred) (Repl.”
State v. Vigil, 711 P.2d 26 (N.M. Ct. App. 1985). “Section 1 of the 1984 law appears in the statutes as NMSA 1978, Section 31-19-1 (Cum.Supp.1985). As amended, Section 31-19-1 sets forth the sentencing authority for misdemeanors.”
State v. Begay, 2017 NMSC 9 (N.M. 2017).
State v. Begay (N.M. 2017).
N.M. Stat. § 31-19-1(D)(4): 2 cases
State v. Vento, 2012 NMCA 99 (N.M. Ct. App. 2012).
State v. Vento, 2012 NMCA 099 (N.M. Ct. App. 2012).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.