New Mexico Criminal Statute of Limitations Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 27, 2025

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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.

The statute of limitations period varies depending on the type of crime. Generally, misdemeanor charges 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.

If you're facing criminal charges 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 to help handle their cases.

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.

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.

Why Do We Have Criminal Statutes of Limitations?

Lawmakers implemented criminal statutes of limitations to help ensure fair criminal trials and that juries make decisions based on the best possible evidence.

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 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.

If a criminal defense lawyer argues that evidence is improper, under §31-9-1.4 NMSA 1978, the judge will hold a separate hearing to determine its admissibility.

Criminal Statutes of Limitations in New Mexico

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.

New Mexico criminal code sections

New Mexico Statutes sections 30-1-8 to 30-1-9.2
Felonies
  • There is no time limit for capital felonies and first-degree violent felonies, such as first-degree murder
  • Prosecutors must file second-degree felony charges, such as second-degree murder, within six years
  • The state has four years to file charges for a third-degree felony or fourth-degree felony
  • If there is no specific limitations period for a felony, you can presume that the time limit is three years
Misdemeanors
  • Prosecutors have two years to file misdemeanor charges
  • There is a one-year statute of limitations for petty misdemeanors
Crimes against children When a child is the victim of abandonment or abuse, criminal sexual penetration, or criminal sexual contact of a minor, the time limit does not start to run until the victim turns 18 years of age or until they report the crime to law enforcement, whichever happens first.
Acts during which statute does not run

The statute of limitations does not run when:

  • The defendant has fled the state
  • The defendant is not a resident of the state
  • There are procedural problems. In these situations, the state can bring the case against the defendant once they correct the problem. Regardless of the procedural issues, the state must prosecute within five years of the indictment.
Other criminal offenses

Disclaimer: State laws are constantly changing. Contact a New Mexico criminal defense attorney or conduct legal research to verify your state laws.

How Can a Criminal Defense Lawyer Help?

New Mexico's criminal statutes of limitations can be confusing. Handling your criminal case may put you at a significant disadvantage. Consult a New Mexico criminal defense attorney for legal help with a criminal matter.

More Resources for New Mexico Criminal Statute of Limitations Laws

For more articles and resources on this topic, you can visit FindLaw's section on Criminal Law Basics. You can also see the below links.

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  • Complex criminal defense situations usually require a lawyer
  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

Get tailored advice and ask your legal questions. Many New Mexico attorneys offer free consultations.

 

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