Claiming self-defense in NM is a complex strategy. Specific legal frameworks apply to criminal charges filed in self-defense. While our laws recognize your self-defense rights, the admissible, discoverable facts and evidence must meet criteria under state law for you to claim it before or during the trial.
Otherwise, you (or your loved one, in case you are reading this article for a friend or family member) could face a criminal conviction for unfounded charges. Keep in mind that all charges are defensible in court. However, it is critical to approach this situation strategically from the outset if you want to fight for the best possible outcome.
In This Article
A Good Defense Starts with a Strong Offense
Before diving into the strategies, you should know that several versions of self-defense claims exist and depend on your case’s facts and police evidence. However, some situations are more common than others.
Claiming self-defense in criminal charges (often violence-related) is complicated. Two things must occur before finalizing a case strategy:
- Determine what prosecutors can prove by reviewing their discovery files and;
- Preserve any unadmitted evidence that proves you acted in self-defense
As you can see, self-defense strategies account for many scenarios. Each has its rules and nuances, a subject we tackle in the next section.
5 Strategies for Claiming Self-Defense in NM
Just like no two cases are alike, it is also fair to say that no two self-defense claims are, either. Your chosen strategy must align with several elements to receive a successful outcome. This article only covers five strategies, but there are many more; speak with an attorney to determine if other options are available to you.
Below, our legal team explains each strategy and provides a real-world, high-profile example of the defense in action:
Strategy #1: Claiming Self-Defense (Classic)
This strategy alleges that you defended yourself against an imminent and credible threat of force, such as an attack. The force used must be reasonable and proportionate to the perceived danger.
New Mexico’s classic self-defense laws take root in the Uniform Jury Instructions (UJI), guiding jurors in reaching lawful verdicts. Under UJI 14-5190 NMRA, the standard of self-defense reads:
“A person who is threatened with an attack need not retreat. In exercising his right of self-defense, he may stand his ground and defend himself.”
This statement empowers individuals to defend themselves, even if it is possible to retreat safely as a first option. While this law recognizes self-defense, applying and invoking it requires a strategic approach when facing criminal charges.
However, it does not mention the use of deadly force. Instead, UJI 14-5181 NMRA addresses this situation:
You “acted in self-defense if: 1) There was an appearance of immediate danger of bodily harm...; and 2) … was in fact put in fear of immediate bodily harm and because of that fear; and 3) … used an amount of force that … was reasonable and necessary to prevent the bodily harm; and 4) The force used … ordinarily would not create a substantial risk of death or great bodily harm; and 5) The apparent danger would have caused a reasonable person in the same circumstances to act as” you did.
Other statute-specific laws supporting self-defense, in general, include:
- NMSA § 30-2-7: This statute provides for deadly force in self-defense or defense of others under specific circumstances. Typically, these circumstances include threats of death, great bodily harm, kidnapping, or sexual assault.
- NMSA § 30-2-8: This statute addresses the use of deadly force in self-defense for homicide charges.
Per these rules, New Mexico allows using deadly force in specific circumstances. However, you should always speak with a criminal defense attorney to determine if your case can invoke self-defense.
Example of the Classic Self-Defense Claim: State v. Rittenhouse
The most high-profile case of classic self-defense in recent memory is the case of Kyle Rittenhouse, a 17-year-old who traveled across state lines to Wisconsin with an AR-15-style rifle during civil unrest. Rittenhouse shot and killed three men. Evidence showed that Rittenhouse acted in self-defense, receiving an acquittal in 2021.
Strategy #2: Claiming Self-Defense of Others
Like classic self-defense, this strategy is when you are claiming that you had to use force to protect someone else facing an imminent threat. The force used must also be reasonable and proportionate to the threat. Some classic self-defense and defense of other claims can intertwine depending on what was happening at the time of the alleged attack.
Example of the Defense of Others Claim: People v. Goetz
In 1984, Bernhard Goetz shot four young men on a New York City subway, claiming he feared a robbery targeted at him. While this case relates to self-defense, it also involved elements of defending others. Goetz argued that he protected himself to prevent harm from coming to other passengers.
Prosecutors initially charged him with attempted murder and other offenses. However, a grand jury indicted him only on weapons charges, finding his actions justifiable based on his subjective belief of imminent danger. This case highlights the ‘reasonable belief’ standard, where the accused’s actions are judged based on their perception of the threat at that moment, even if that perception was incorrect.
Strategy #3: Claiming Self-Defense of Property
Under certain circumstances, using force to protect one’s property from unlawful trespass or damage may be justified. However, it is crucial to remember that using deadly force is generally not permitted solely to defend property. It further strengthens the right to protect property, eliminating your duty to retreat before using force.
Example of the Defense of Property Claim: State v. Horn
Joe Horn, a Texas homeowner, shot and killed two men he saw burglarizing his neighbor’s home in 2007. While on the phone with 911, the operator told him not to intervene. He disregarded the instruction and fatally shot the two men as they were fleeing. Horn did not face charges, as Texas law allows deadly force to protect one’s property.
Though this case occurred in Texas, it underscores the variations in self-defense laws across states. New Mexico’s self-defense statute does not expressly permit deadly force to protect property alone. You must couple your efforts with a reasonable belief that the use of force is necessary to prevent imminent death or great bodily harm.
Strategy #4: Claiming Self-Defense (Imperfect)
This defense may be applicable if you genuinely believed you needed to use self-defense, even if your reaction was unreasonable. It applies to bona fide self-defense situations with direct, physical evidence of unnecessary force. While not explicitly codified in statute, New Mexico courts recognize this concept in legal annotations, which could provide for reduced charges or more favorable sentences, such as the possibility of parole.
Example of an Imperfect Self-Defense Claim: State v. Menéndez
On March 20, 1996, Lyle, then 28, and Erik Menéndez, then 25, were found guilty of two counts of capital murder against their parents in 1989. The young men admitted killing their parents but allege that they acted in imperfect self-defense after suffering from years of alleged sexual and violent acts at the hands of their father, José Menéndez, age 56, at the time of his death. They also state that their mother, Mary Louise “Kitty” Menéndez, age 59, at the time of her death, turned a blind eye to the abuse.
The jury found them guilty due to insufficient evidence of an imminent threat (their parents were watching evening television at the time of their deaths). As of the date of this publication, Lyle, now 56, and Erik, now 53, continue to pursue exoneration after new evidence came to light of their claims in 2023.
Strategy #5. Claiming Self-Defense of Battered Man/Woman Syndrome
The Battered Man/Woman Syndrome (BM/WS) defense is generally admissible in cases involving self-defense claims arising from domestic violence (DV) situations. It is not considered a separate defense in and of itself but rather a body of evidence that you must introduce to support a claim of self-defense, including expert testimony, relevance, and case law.
Example of the Battered Man/Woman Syndrome Defense
Judy Norman endured years of severe abuse from her husband. One night, after he threatened to kill her, she shot him while he slept in 1989. Norman received a manslaughter conviction. However, the North Carolina Supreme Court overturned the ruling, recognizing the concept of ‘battered woman syndrome’ and the imminence of the threat, even though her husband was asleep.
- KEY TAKEAWAYS: You have every right to defend yourself and every obligation to take reasonable action. How the law sees it will depend on the story told and the evidence preserved. In the final section of this article, we drill this concept down in the simplest terms possible for a more nuanced understanding of the law.
What to Prove When Claiming Self-Defense in NM
Self-defense is an affirmative defense, meaning that the facts and evidence differ entirely from the prosecutor’s allegations, and you are essentially claiming total innocence. However, the law allows for nuance, even when you were mistaken about the imminent threat or use of force. Selecting the right defensive strategy is critical to receiving your desired outcome.
It also requires the investigation and analysis of three elements per State v. Martinez:
- Element #1. An appearance of immediate danger of death or great bodily harm: You must have genuinely believed that you or another person were in immediate danger of unlawful force or bodily harm.
- Element #2. You were put in such fear: Your fear of harm must be honest and reasonable, even if it later turns out to be mistaken. The jury will assess the reasonableness of the fear based on the circumstances as they seemed to you at the time.
- Element #3. A reasonable person would have reacted in a similar manner: Jurors will evaluate your actions based on what a person in similar circumstances would have done.
Proving cases of self-defense requires experience, knowledge, and resources. If you or a loved one are wrongfully facing criminal charges, get legal advice from a criminal defense firm, such as Grano Law Offices, P.C. We will evaluate the strengths and weaknesses of your case while developing the most effective defense strategy for your specific situation.
4 Steps for Claiming Self-Defense in New Mexico
A self-defense claim in New Mexico is a complicated strategy. It is not impossible to accomplish, but it does require a steady legal hand and finesse. Consider the following four steps carefully as you decide how to handle your situation or help your loved one.
Below, we have outlined a four-step approach for claiming self-defense in NM:
Step #1. Preserve Physical Evidence in Your Possession
Preserve any physical evidence that is already in your possession, such as:
- Crime scene photos/videos
- Eyewitness statements
- Medical records
- Security cam videos
- Social media messages
- Related communications
Remember not to contact anyone directly or indirectly related to the incident. Doing so could be viewed as witness intimidation or evidence tampering.
Step #2. Write Down What You Know in a Journal
If you were involved in an altercation and acted in self-defense, write down everything you remember as soon as possible. The information you write should include the events, threats, and actions. Do not share this information with anyone.
Your attorney might refrain from reviewing this information on its own. Instead, you may use it to jog your memory should any questions about your involvement arise.
Step #3. Understand Possible Outcomes of Claiming Self-Defense
It is time for a reality check: no one can guarantee you will receive an acquittal. At this point, the prosecutor thinks they have enough evidence against you to get a conviction, and that may be so without anyone defending you.
Claiming self-defense in NM could result in the following outcomes:
- Dropped charges
- Acquittal at trial
- Reduced charges
- Conviction if prosecutors prove their case
- Lesser sentence
However, when you break down the elements of claiming self-defense and provide evidence that speaks to the facts and circumstances, it means that you put as much control back on your side of the case. That is where hiring a criminal defense attorney makes a significant difference.
Step 4. Seek Advice from a Criminal Defense Attorney
The most direct way to address claiming self-defense in NM is by speaking with a criminal defense firm, like Grano Law Offices, P.C. An attorney helps you understand your options, assesses the strength of your claim, and develops a strategic defense based on the known facts and evidence.
Self-defense is a complex legal defense. However, a knowledgeable criminal defense attorney, like Marc A. Grano, will guide you through the process and protect your rights.
Key Takeaway and Considerations From This Article
Asserting a self-defense claim in NM can feel overwhelming. As we have explored in this article, state law provides vital protections for individuals who had to use force to defend themselves, others, or their property. However, successfully invoking these protections requires a strategic approach, meticulous evidence gathering, and a thorough understanding of the legal nuances involved.
Remember the key takeaways:
- Multiple self-defense strategies exist: The best approach depends on the specific facts of your case.
- “Classic” self-defense requires An imminent threat, reasonable fear, and proportionate use of force.
- “Imperfect self-defense” may apply: Even if your belief in the threat was unreasonable, you might still have a partial defense.
- “Battered Woman/Man Syndrome” can be a factor: In domestic violence cases, this can help explain why someone used force even if the threat wasn’t immediate.
- Evidence is crucial: Gather everything you can and document your experiences in detail.
- A strong defense starts with a wise offense: Understand what the prosecution can prove and proactively gather evidence to counter their arguments.
- Possible outcomes of a self-defense claim: Charges dropped, acquittal, reduced charges, or conviction (if the claim fails).
- An experienced attorney is essential: They will help you choose the right strategy, prepare your defense, and protect your rights.
Facing criminal charges is a daunting experience. But by understanding the legal framework, taking proactive steps to gather evidence, and securing skilled legal representation, you can put as much information on your side of the table as your lawyer will provide.
You do not have to navigate this moment alone – reach out to a legal team who will protect your rights and fight for the best possible outcome.
Thinking About Claiming Self-Defense in NM?
The criminal defense lawyer at Grano Law Offices, P.C., has extensive experience handling self-defense cases, particularly those involving violent and DV charges. Find out more about your legal options during a Free Case Strategy Session at (505) 426-8711 or through our secure contact form below.
