Albuquerque, NM asked in Criminal Law for New Mexico

Q: Hello, my husband was arrested yesterday for possession of a firearm by a felon. How much time is he looking at?

He's been out of trouble for over 5 years now & only fell asleep at a gas station to rest so he wouldn't endanger anyone else's life while driving

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1 Lawyer Answer
D'nae L. Robinett Mills
D'nae L. Robinett Mills
  • Hobbs, NM
  • Licensed in New Mexico

A: The statute that covers the New Mexico state crime commonly called felon in possession is 30-7-16: firearms or destructive devices; receipt, transportation or possession by certain persons. That charge is a 3rd degree felony which carries a basic sentence of up to 3 years incarceration. There is a provision which can add 3 years imprisonment depending on what type of felony the underlying felony conviction is for. This type of offense can also be charged as a federal offense with harsher penalties. It is very important to consult with an experienced criminal defense attorney to get a full picture of the range of penalties and possible defenses may be available.

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