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§ 30-1-13 NMSAFourth Degree Felony Other

Accessory (To Any Crime)

Legal Definition

A person commits accessory if, with intent that a felony be committed or after knowing that a felony has been committed, they render assistance to the felon in order to hinder the felon's apprehension, prosecution, conviction, or punishment. Assistance may include harboring or concealing the felon, providing means of avoiding discovery or apprehension, warning of impending discovery, or concealing or destroying evidence. The accessory must act with the purpose of helping the principal offender evade justice.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole follows release. The accessory cannot be punished more severely than the principal felon could be for the underlying offense.

Local Context

This charge applies only when the underlying crime is a felony. An accessory is distinct from a principal (one who commits the crime) or an accomplice (one who aids during commission). The statute requires proof that the accessory acted with intent to hinder law enforcement or the judicial process. Accessory after the fact to a petty misdemeanor or misdemeanor is not a crime under New Mexico law.

Holds, Warrants, and Procedural Bookings

Not everything in a jail roster is a fresh local crime. This category covers procedural bookings: fugitive-from-justice holds for other states, probation and parole violations, courtesy holds for other agencies, and catch-all offense codes. The person may face no new Doña Ana County charge at all.

Failure-to-appear and bench-warrant bookings are the most common procedural entries in our data. They resolve through the court that issued the warrant, which is why the fastest path out usually runs through a motion to quash rather than anything that happens at the jail.

Related Guides

Recent Arrests for This Charge (1)

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.