NM NMRA 14-5191. Self defense; limitations; aggressor.

State: New Mexico

 

NEW MEXICO RULES ANNOTATED (N.M.R.A.)

Uniform Jury Instructions — Criminal

Chapter 51. Justification and Defense

Part K. Self Defense

NM NMRA 14-5191. Self defense; limitations; aggressor.

Self defense is not available to the defendant if he [started the fight] [or] [agreed to fight]1 unless:

[1.  The defendant was using force which would not ordinarily create a substantial risk of death or great bodily harm; and

2.  __________________ (name of victim) responded with force which would ordinarily create a substantial risk of death or great bodily harm];

[OR]

[1.  The defendant tried to stop the fight;

2.  The defendant let __________________ (name of victim) know he no longer wanted to fight; and

3.  __________________ (name of victim) became the aggressor.]

USE NOTE

1.  Use only applicable bracketed element established by the evidence.

[See also New Mexico Uniform Jury Instructions (U.J.I.) 14-5191.]