Use of Force:
- A person may use reasonable and necessary force in self-defense or defense of others.
Definition of Reasonable Force:
- The determination of reasonable force is based on various factors, including:
- Nature and imminence of the danger
- Severity of the harm threatened or inflicted
- Means of defense chosen
Immunity from Prosecution:
- A person is immune from criminal prosecution for using deadly force in self-defense if:
- They reasonably believed that deadly force was necessary to prevent imminent death or great bodily harm to themselves or another person.
- They were not engaging in criminal activity at the time of the incident.
Duty to Retreat:
- New Mexico does not have a general duty to retreat before using force in self-defense. However, if a person can safely retreat without increasing their own danger or the danger to others, they may be required to do so before resorting to deadly force.
Defense of Property:
- A person may use reasonable and necessary force to protect their property, but deadly force may only be used if necessary to prevent imminent death or great bodily harm.
Stand Your Ground:
- New Mexico does not have an explicit "stand your ground" law. However, the state's self-defense laws generally allow a person to use force to defend themselves against an imminent threat, regardless of whether they are on their own property or in a public place.
It's important to note that self-defense laws can be complex and the outcome of any self-defense case depends on the specific facts and circumstances of the situation. If you are involved in a self-defense situation, it is essential to consult with an experienced criminal defense attorney to discuss your rights and options.
