What Is the Statute of Limitations for Assault And Battery in New Mexico?
In New Mexico, the statute of limitations for assault and battery is generally 3 years under NMSA 1978, § 37-1-8.
Assault and battery Deadlines in New Mexico
How long do you have to file a assault and battery claim in New Mexico?
In New Mexico, the statute of limitations for assault and battery is generally 3 years under NMSA 1978, § 37-1-8.
When does the clock start for assault and battery in New Mexico?
Three years, under the general injuries-to-the-person section.
Can the New Mexico deadline for assault and battery be extended?
New Mexico does not shorten the window for intentional torts. A criminal prosecution does not pause the civil clock.
Is the deadline different if the claim is against the government in New Mexico?
Often, yes. Suit within 2 years under the Tort Claims Act under NMSA 1978, §§ 41-4-15, 41-4-16. The New Mexico Tort Claims Act allows two years to bring suit under § 41-4-15, cutting the general three-year injury period. Cozart v. Town of Bernalillo holds this two-year period, rather than the one-year limit in § 37-1-24 for suits against a city, town or…
How does New Mexico compare to other states for assault and battery?
New Mexico's 3 years is in the middle of the range nationally. Across the 49 jurisdictions with a verified figure, the deadline for assault and battery ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Assault & Battery Cover?
Situations that typically fall under the assault and battery deadline in New Mexico:
