{"id":375171,"date":"2016-04-11T01:23:26","date_gmt":"2016-04-11T06:23:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-second-degree-murder.html"},"modified":"2023-02-10T12:00:58","modified_gmt":"2023-02-10T17:00:58","slug":"new-mexico-second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-second-degree-murder.html","title":{"rendered":"New Mexico Second-Degree Murder"},"content":{"rendered":"\n
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New Mexico Second-Degree Murder<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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In New Mexico, the crime of homicide is divided into multiple degrees or levels. The crime of first-degree murder<\/a> covers pre-planned homicides or the most violent or repugnant killings, while the crime of manslaughter covers accidental killings. In between is second-degree murder<\/a>, which is first-degree murder with a mitigating circumstance which reduces the crime from first-degree murder to second-degree murder.<\/p>\r\n

First-degree murder consists of willful, deliberate, and premeditated killings as well as killings occurring during the commission or attempted commission of a felony or through an act that is greatly dangerous to others’ lives and evidences a depraved mind without regard for human life. A first-degree murder is reduced to second-degree murder when there is a mitigating circumstance which causes the killing, such as being involved in a sudden fight and having to defend oneself.<\/p>\r\n

Although it is a lesser offense than first-degree murder, the crime of second-degree murder still has serious penalties. The following is a quick summary of New Mexico’s second-degree murder laws.<\/p>\r\n

New Mexico Second-Degree Murder Law<\/h2>\r\n

The following table outlines New Mexico’s second-degree murder law.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nNEW MEXICO STAT. ANN. \u00a7 30-2-1<\/a><\/td>\r\n<\/tr>
What\u2019s Prohibited?<\/b><\/td>\r\n

First-degree murder is a willful, deliberate, and premeditated killing of another person. The crime of first-degree murder is reduced to second-degree murder when a mitigating circumstance exists such that the person was:<\/p>\r\n

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  • Sufficiently provoked<\/li>\r\n
  • Caught in a sudden fight<\/li>\r\n
  • Acting under heat of passion<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Penalties<\/b><\/td>\r\nSecond-degree murder is a second-degree felony<\/a> punishable by up to 15 years in prison and up to $12,500 in fines.<\/td>\r\n<\/tr>
Defenses<\/b><\/td>\r\n

It is a defense to murder if the person was acting with lawful authority or could not establish sufficient intent for the killing. For example, a person who is mentally retarded or involuntarily intoxicated by drugs or alcohol may not have the requisite intent for murder.<\/p>\r\n

In certain instances where the death was caused by a public officer or employee, it is a defense if the officer was acting under a court order or in order to overcome resistance to the law, recapture an escaped felon, arrest a fleeing felon, prevent escape by a felon, or prevent serious harm or death.<\/p>\r\n

Private citizens may also have a defense if the death was necessary to defend against an unlawful action to one’s life, family, or property, death to oneself or one’s family, imminent physical injury or a felony to oneself or another person, or in order to apprehend a person committing a felony, suppress a riot, or to keep and preserve the peace.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

New Mexico Second-Degree Murder Laws: Related Resources<\/h2>\r\n

Murder is a serious crime with severe penalties. If you or someone you know has been charged with murder, you may want to contact an experienced New Mexico criminal defense attorney<\/a> for assistance. You may also want to read FindLaw’s Second Degree Murder Overview<\/a>, Second Degree Murder Defenses<\/a>, and Second Degree Murder Penalties and Sentencing<\/a> for more articles and information on this topic.<\/p>\r\n

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