The NM statute of limitations for crimes depends on classification and type. For example, felonies generally carry more extended 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 NM statute of limitations works, the various deadlines for crimes in New Mexico, and what happens when it expires. Always speak with an attorney directly for personalized advice.
How Does the NM Statute of Limitations for Crimes?
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 § 30-1-830-1-9.2. 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 one (1) or two (2) years
Child victim crimes statute of limitations:
- The time clock starts from the day of the child’s 18th birthday or when they reported it to law enforcement, or whichever occurs first
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
New Mexico’s statute of limitations does not run if:
- You have fled the state
- You are not a resident
- Procedural problems occurred
What Happens If the NM Statute of Limitations Expires?
The prosecutor could still file charges against you after the NM statute of limitations has expired. You are tasked with determining if the statute of limitations has run out on your case and raising the issue with the judge presiding over it. If it has, 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 even if you are innocent.
Your lawyer will determine if there are pending charges, arrest warrants, and court dates. We could also help you quash the warrant or handle the courts.
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 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 all have legal rights; a criminal defense lawyer will help you assert them.
If your case’s NM statute of limitations has run out, we will help if you are:
- 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 no-cost, no-obligation conversation with a criminal defense attorney can help you when facing charges or questioning how the NM statute of limitations affects your case. Call Grano Law Offices, P.C. at (505) 426-8711 or message us via the contact form below to schedule your Free Case Strategy Session.
