New Mexico Criminal Statute of Limitations Laws

Anytime a crime occurs, it's up to prosecutors to file criminal charges and begin the legal process. StateÂ criminal statute of limitationsÂ laws put a time limit on how long prosecutors have after the crime occurs to file charges. These time limits will generally vary depending on the type of crime involved:Â misdemeanor chargesÂ normally have shorter time limits thanÂ felony charges.

How Criminal Statutes of Limitations Work

Criminal statutes of limitations are designed to ensureÂ criminal trialsÂ that are fair and based on the best possible evidence. Evidence of a crime, whether physical evidence like fingerprints or DNA or testimonial evidence like officer statements or eyewitness accounts, can fade over time or become useless or lost entirely. Statutes of limitations vary in length in an attempt to balance the interest in conducting accurate criminal trials with the interest in prosecuting the most serious offenses, while also not having criminal charges hanging over a person's head indefinitely.

Criminal Statutes of Limitations in New Mexico

New Mexico's criminal statute of limitations laws are highlighted below.

State Topic Definition Code Sections Felonies Misdemeanors Crimes in Which a Child Is a Victim Acts During Which Statute Does Not Run Other

New Mexico

Criminal statute of limitations

A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime.

New Mexico Statutes sectionsÂ 30-1-8Â toÂ 30-1-9.2

There is no time limit for bringing a case for a capital or first-degree violent felony.
A case for a second-degree felony must be started within 6 years.
A case for a third- or fourth-degree felony must be started within 4 years.
If a limitations period is not provided for a crime, a case for that crime must be started within 3 years.

A case for a misdemeanor must be started within 2 years.
A case for a petty misdemeanor must be started within 1 year.

When a child is the victim ofÂ abandonment or abuse,Â criminal sexual penetration, orÂ criminal sexual contact, the time limitÂ does not start to runÂ until the victim turns 18 or until the crime is reported to law enforcement.

The statute of limitationsÂ does not runÂ when:

The defendant has fled the state;
The defendant is not usually a resident of the state; or
The case has to stop because of procedural problems. In these situations, the case can be brought again after the procedural problems are corrected, as long as 5 years have not passed since the first indictment.

For a crime ofÂ identity theft, a case may be started within 5 years of the date the crime was discovered.
For crimes ofÂ tax evasion,Â tax fraud, andÂ willful failure to collect and pay taxes, a case must be started within 5 years of the crime.
For certain crimes related toÂ unemployment benefits, a case must be started within 3 years.
When there is DNA evidence in a case forÂ criminal sexual penetration, regardless of the victim's age, the statute of limitations does not start until aÂ DNA profileÂ is matched with a suspect.

Note: State laws are constantly changing -- please contact aÂ New Mexico criminal defense attorneyÂ or conduct your own legal research to verify the state law(s) you are researching.

Legal Research

New Mexico Law
Official State Codes
FindLaw's Criminal Law Center

More Resources for New Mexico Criminal Statute of Limitations Laws

Statutes of limitations can be confusing. For additional articles and resources on this topic, you can visit FindLaw's section onÂ Criminal Law Basics. If you would like legal assistance with a criminal matter, you can consult with aÂ New Mexico criminal defense attorney.