Yes, fighting a resisting arrest charge is worth it in New Mexico. The state classifies them as misdemeanors with penalties ranging from jail time to fines and beyond. If you want to fight your NM resisting arrest charges, seek legal advice from an experienced criminal defense lawyer as soon as possible.
In This Post
In this article, New Mexico criminal defense attorney, Marc Grano, answers the following questions:
- What Is the Legal Definition of Resisting Arrest in New Mexico?
- Are Resisting Arrest Charges Classified as Petty Misdemeanors in New Mexico?
- What Is the Sentence for Resisting Arrest in New Mexico?
- How Long Do New Mexico Resisting Arrest Charges Stay on Your Record?
- How Do You Beat a Resisting Arrest Charge?
I always remind my readers of one thing before starting most blog posts: you are innocent until proven guilty, even if it feels like everyone is treating you differently. Regardless of how things look, no one knows the facts until an independent investigation occurs. Try to get as much information about your situation as possible and get legal advice ASAP!
Now, let’s start by looking at how New Mexico defines resisting arrest:
What Is the Legal Definition of Resisting Arrest in New Mexico?
New Mexico defines resisting arrest as “resisting, evading, or obstructing an officer.” As such, prosecutors must prove specific elements that meet this definition, including willfulness and intention. Therefore, these charges can be tough for them to prove in some matters, so charged persons should hire a criminal defense lawyer if they want to fight them.
What Is Resisting, Evading, or Obstructing an Officer?
New Mexico also defines the meaning of “resisting, evading, or obstructing an officer.” Prosecutors must also prove, beyond a reasonable doubt, that you committed one of the following:
- Intentionally fleeing an officer when they attempt an arrest
- Willfully refusing to pull over when commanded to do so
- Abusing judges, magistrates, or peace officers on duty
Real Talk: If the prosecutor cannot prove that you were intentionally fleeing, you have not committed a crime. Do not go to jail under these circumstances without putting up the fight of your life.
Are Resisting Arrest Charges Classified as Petty Misdemeanors in New Mexico?
No, resisting arrest charges are not petty misdemeanors in New Mexico. The state classifies them as a misdemeanor. Consequently, this elevated level also makes resisting arrest charges fairly serious and worth defending in court.
Legal Tip: Understanding crime classifications are essential. New Mexico recognizes penalty assessment misdemeanors, traffic code misdemeanors, ordinance violations, petty misdemeanors, misdemeanors, felonies, and capital crimes. They tell you how serious the charge is based on the level of charge and the maximum penalties.
What Is the Sentence for Resisting Arrest in New Mexico?
New Mexico classifies resisting arrest charges as misdemeanors. Misdemeanors are generally less serious crimes than felonies, but that does not mean they do not carry severe consequences. If jail is a possibility, then it is serious.
Possible penalties for a resisting arrest charge in New Mexico include:
- Up to 364 days in jail
- Up to $1,000 in fines
- Probation periods
- Community service
- Others as deemed appropriate
My Thoughts: I see Bad Things Happen to Good People every day. It’s why my law firm says it on repeat. Our legal system has rules in place that afford you specific, protected rights. If prosecutors cannot prove your crime, you should not be convicted.
How Long Do New Mexico Resisting Arrest Charges Stay on Your Record?
Resisting arrest charges will remain in state databases and public records indefinitely. Two years after your conviction, you can file for an expungement under the recently passed New Mexico Criminal Record Expungement Act. However, no laws guarantee an expungement order or approval, which means that you should fight your original case in court if the charges are still pending.
Be Aware: If you get a resisting arrest conviction, you will have to deal with unique challenges in the future. You will always have to tell “the story,” not to mention the anxiety that races through one’s mind when looking for a job. Some employers may not care, but others could turn you away based on this fact alone.
How Do You Beat a Resisting Arrest Charge?
There are no guarantees for beating a resisting arrest charge, whether you represent yourself or are represented by an attorney. Your case may ultimately be in the hands of a judge or jury. However, being prepared and represented by the experienced counsel of your choice is ideal.
Common defensive strategies used in resisting arrest cases include:
- Lack of evidence
- Lack of probable cause
- Arrestee’s self-defense
- False allegations
- Unlawful police procedure
- Mistaken identity
- No crime committed
Playing Defense: For me, it’s hard to list every possible defense since the facts of every case are unique. Your resisting arrest charge could have a defense or reason that goes well beyond our wildest imaginations. Just remember that prosecutors must prove the elements as mentioned above in this article.
Want to Fight Your Resisting Arrest Charges in NM? Get a Free Case Strategy Session
A Free Case Strategy Session is an opportunity for accused people in Santa Fe, Española, Raton, Mora, Taos, Santa Rosa, Las Vegas, and surrounding areas. My office will offer our thoughts or opinion on the matter at no cost or obligation to you. Schedule your Free Case Strategy Session now by calling (505) 426-8711 or message us online via the contact form below.
