{"id":375122,"date":"2016-03-31T21:36:01","date_gmt":"2016-04-01T02:36:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-criminal-statute-of-limitations-laws.html"},"modified":"2025-03-27T11:51:44","modified_gmt":"2025-03-27T16:51:44","slug":"new-mexico-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-criminal-statute-of-limitations-laws.html","title":{"rendered":"New Mexico Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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New Mexico Criminal Statute of Limitations Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Whenever a crime happens, the prosecutor’s job is to file criminal charges and begin the legal process. But, New Mexico law requires that they do this within a specific time. The rules that impose these time limits are criminal statutes of limitations<\/a>.<\/p>\r\n

The statute of limitations period varies depending on the type of crime. Generally, misdemeanor charges<\/a> have shorter time limits than felony charges. The state typically needs more time to gather evidence and put together its case when dealing with felony criminal offenses.<\/p>\r\n

If you’re facing criminal charges<\/a> in New Mexico, you should know the statute of limitations deadline. If the state tries to file charges after the limitations period expires, you can challenge it in court. This is one of the reasons many defendants hire criminal defense attorneys<\/a> to help handle their cases.<\/p>\r\n

Defense lawyers understand state law and the court rules. They ensure the prosecutor doesn’t attempt to file stale charges against you. They’ll also work hard to poke holes in the state’s case and work to negotiate a favorable plea deal<\/a>.<\/p>\r\n

Here, we’ll explain how the New Mexico criminal statutes of limitations work and provide the specific filing deadlines for the most common criminal offenses.<\/p>\r\n

Why Do We Have Criminal Statutes of Limitations?<\/b><\/h2>\r\n

Lawmakers implemented criminal statutes of limitations to help ensure fair criminal trials<\/a> and that juries make decisions based on the best possible evidence.<\/p>\r\n

Evidence of a crime, like fingerprints, DNA, and eyewitness statements, can fade over time. The prosecutor’s office may lose it entirely. Statutes of limitations<\/a> balance the interest in conducting accurate criminal trials with the interest in prosecuting the most serious offenses. These laws also prevent a situation where a defendant has criminal charges hanging over their head indefinitely.<\/p>\r\n

If a criminal defense lawyer argues that evidence is improper, under \u00a731-9-1.4 NMSA 1978<\/a>, the judge will hold a separate hearing to determine its admissibility.<\/p>\r\n

Criminal Statutes of Limitations in New Mexico<\/b><\/h2>\r\n

As with other laws, New Mexico’s criminal statute of limitations laws can be complex and challenging to understand. Below, we have highlighted the specific statutes of limitations periods for the most common crimes in New Mexico<\/a>.<\/p>\r\n\r\n
New Mexico criminal code sections<\/th>\r\n

New Mexico Statutes sections 30-1-8<\/a> to 30-1-9.2<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Felonies<\/th>\r\n
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  • There is no time limit for capital felonies and first-degree violent felonies, such as first-degree murder<\/li>\r\n
  • Prosecutors must file second-degree felony charges, such as second-degree murder, within six years<\/li>\r\n
  • The state has four years to file charges for a third-degree felony or fourth-degree felony<\/li>\r\n
  • If there is no specific limitations period for a felony, you can presume that the time limit is three years<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Misdemeanors<\/th>\r\n
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  • Prosecutors have two years to file misdemeanor charges<\/li>\r\n
  • There is a one-year statute of limitations for petty misdemeanors<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Crimes against children<\/th>\r\nWhen a child is the victim of abandonment or abuse<\/a>, criminal sexual penetration<\/a>, or criminal sexual contact<\/a> of a minor, the time limit does not start to run<\/a> until the victim turns 18 years of age or until they report the crime to law enforcement, whichever happens first.<\/td>\r\n<\/tr>
Acts during which statute does not run<\/th>\r\n

The statute of limitations does not run<\/a> when:<\/p>\r\n

Other criminal offenses<\/th>\r\n