Criminal offenses under state and federal laws are generally categorized by the seriousness of the crime as felonies (more serious) or misdemeanors (less serious). Felonies are offenses that generally may result in prison sentences of more than one year, and misdemeanors carry sentences of one year or less. The United States Congress sets the penalties for all federal criminal offenses, and thus decides which criminal offenses are felonies and which are misdemeanors. And the state legislature in each state decides which criminal offenses are felonies and which are misdemeanors under state law.
In New Mexico (NM), as in other states, criminal offenses are classified into felonies and misdemeanors based on their severity. Felonies are the more serious crimes, potentially leading to imprisonment for more than one year, and in some cases, significantly longer sentences. Misdemeanors are less serious offenses, with maximum sentences of one year or less, often served in a county jail rather than a state prison. The New Mexico state legislature determines the classification of state crimes and the corresponding penalties. For federal offenses, the classification and penalties are established by the United States Congress. Both state and federal laws define the specific elements of each crime and the range of possible sentences for those found guilty.