The maximum jail time for a misdemeanor under NM law is

• A. 90 days
• B. 364 days or less
• C. 1 year
• D. 364 days

Answer: (B)

In New Mexico, whether an offense is a misdemeanor is defined by the maximum confinement: misdemeanors are punishable by up to a year in county jail, while felonies carry more than a year and usually involve state prison. Because the limit is counted in days, the practical cap for a misdemeanor is 364 days or less. A sentence of 365 days would push into felony territory. So the maximum jail time for a misdemeanor is 364 days or less, which is why that inclusive option is the correct one.