The statute of limitations in New Mexico for crimes depends upon the classification and type. For example, felonies generally carry longer deadlines, whereas misdemeanors are typically shorter. However, the statute of limitations does not apply to capital felonies and first-degree murder charges.
In this post, I explain how the statute of limitations works, various deadlines for crimes in New Mexico, and what happens when the statute of limitations expires. Always speak with an attorney directly for personalized advice.
How Does the Statute of Limitations Work for Criminal Matters?
Prosecutors must file criminal charges within specific time limits. The time limits on their ability to file charges are known as the statute of limitations. Once a statute of limitations has run, the state or applicable governing body no longer has the legal right to hold you accountable for a crime.
New Mexico laws codify these deadlines to ensure that criminal cases are timely and fair. Evidence degrades over time, nor should criminal charges hang over the ability to pursue criminal charges against someone.
New Mexico Statute of Limitations for Crimes
New Mexico’s statute of limitations for various levels of crimes are outlined below per NMSA § 30-1-8 to 30-1-9.2 (NOTE: The time clock begins running from the date of commission unless we have indicated otherwise):
Felony statute of limitations:
- Capital or first-degree violent felonies: None
- Second-degree felony: Within six (6) years
- Third- or fourth-degree felonies: Within five (5) years
Misdemeanors statute of limitations:
- Within two (2) years
Petty misdemeanor statute of limitations:
- Within one (1) year
Child victim crimes statute of limitations:
- The timeclock starts from the day of the child’s 18th birthday or when the reported to law enforcement, whichever occurs first
New Mexico’s statute of limitations does not run if:
- You’ve fled the state
- You’re not a resident
- Procedural problems occurred
Identity theft statute of limitations:
- Within five (5) years of discovery
Tax evasion statute of limitations:
- Within five (5) years of the crime
Unemployment benefit crimes:
- Within three (3) years
Our state’s laws are constantly evolving. Most recently, New Mexico lawmakers are seeking to remove the statute of limitations on second-degree murder charges, which is currently at six years. Essentially, prosecutors would be able to file a murder case against someone for an indefinite period, so as long as the court has sufficient cause to hear it.
What Happens If the Statute of Limitations Expires?
The prosecutor could still file charges against you after the statute of limitations. You are tasked with determining if the statute of limitations has run out on your case and raise the issue with the judge presiding over your case. If the statute of limitations has expired in your case, then you raise the issue as an affirmative defense.
What Happens If You Were Arrested But Never Charged with a Crime?
If you were arrested but never charged with a crime, speak with a New Mexico criminal defense lawyer as soon as possible. Avoid making assumptions that can later come back to haunt you. You could have charges filed against you of which you’re currently unaware.
Your lawyer will determine if there are pending charges, arrest warrants, and court dates. We could help you quash the warrant or handle the courts on our end.
In some situations, they might not pursue a case against you. However, the arrest record may still exist. Under the New Mexico Criminal Record Expungement Act, your lawyer will help you expunge the arrest to ensure that your record stays clean.
How a Criminal Defense Lawyer Can Help
Prosecutors must follow the law when filing charges against New Mexico residents and visitors. We have legal rights, and a criminal defense lawyer will help you assert them.
If your case’s statute of limitations has run out, and you’re:
- Facing charges,
- Dealing with an arrest record,
- Or need legal advice
Grano Law Offices, P.C. is ready to help. We will take care of your matter as efficiently as possible so that you can move on with your life. Our legal team will take the time to explain your options so that you can make an informed decision.
Get a Free Case Strategy Session with Grano Law Offices, P.C.
A free conversation can put you on a better path when facing criminal charges or have questions about how the statute of limitations affects your case. Call us at (505) 426-8711 or message us via the contact form below.
