Self-Defense Laws in New Mexico

New Mexico has no duty to retreat; the rule comes from case law and the uniform jury instructions rather than a statute. The Supreme Court-approved instruction states that a person defending against an attack, defending another, or defending property 'need not retreat' and may stand the person's ground. The committee commentary states: 'A person need not, however, retreat even though the person could do so safely,' citing State v. Horton, 1953-NMSC-044, 57 N.M. 257, 258 P.2d 371. A person may use no more force than is reasonably necessary to avoid the threatened harm.

Under the defense-of-habitation jury instruction, a killing in defense of the defendant's dwelling is justified if the place was being used as the defendant's dwelling; it appeared to the defendant that the commission of a violent felony was immediately at hand and that it was necessary to kill the intruder to prevent it; and a reasonable person in the same circumstances would have acted as the defendant did. The state must prove beyond a reasonable doubt that the defendant did not kill in defense of habitation. The committee commentary notes that NMSA 1978, § 30-2-7(A) makes homicide justifiable when committed in the necessary defense of property, but that one cannot defend property, other than one's habitation, from a mere trespass to the extent of killing the aggressor; in defense of habitation one does not have to fear for one's life or believe great bodily harm will result, but an apparent necessity to kill to prevent a violent felony is required (State v. Couch, 1946-NMSC-047; State v. Boyett, 2008-NMSC-030).