Legal Question in Criminal Law in New Mexico

defending a family member in my home

The other night my cousin and her boyfriend got into an argument at my house. I heard her scream for him to get off of her and quickly barged in on them. She ran out and he charged at me and hit me twice. I went to my room to get the bat I have for home protection and proceeded to threaten him several times with it. I never lifted the bat from my waist except for when ( I was told, as my mind is foggy as to what actually happened at this point) I chased him down the street (my cousin ran after him and I wanted to make sure he left for good). I never even got close to him when running down the street, as he had slammed my head in the front door on his way out.

The cops came and talked to me. he was arrested and is standing trial in three weeks for holding my cousin against her will.

I'm curious as to whether or not I was within my rights when defending my home, and what I can do if he returns. He has threatened getting a restraining order against me, but I don't care to ever see him again, so that's not a problem. I just want to know if I should expect the cops to return and arrest me for something, and what I can do if he returns. I know from experience that people on their way to jail lose inhibitions.


Asked on 5/13/08, 4:43 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: defending a family member in my home

In NM one has the legal right to use reasonable force to protect oneself, one's family members, and one's guests within the home from physical injury, by reasonable means. The key is "reasonable force" by "reasonable means." The situation you describe sounds reasonable, and certainly it was effective. You could not, for example, have used a gun to shoot the transgressor under your circumstances, as that would have been excessive force. You may, however, under the proper circumstances use even deadly force if you reasonably believe you or a family member is in danger of being killed or seriously injured. The key is judgment - not always easy under exciting circumstances. I recommend (1) you get a restraining order, (2) you refuse him admittance and call 911 should he return, and (3) keep your bat handy as a show of force and to use if you reasonably believe yourself in physical danger from him.

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Answered on 5/13/08, 8:47 am


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