DOMESTIC VIOLENCE
Albuquerque Domestic Violence Defense Lawyers
Defending Clients Throughout New Mexico
Understanding New Mexico’s Domestic Violence Laws
The state of New Mexico defines “domestic violence” as any of the following involving one household member committing an action against the other:
- Physical injuries
- Severe emotional distress
- Bodily injury (battery) or assault
- Assault with the intent to commit a violent felony
- The threat of imminent body injury
- Criminal trespass
- Criminal damage to property
- Stalking
- Telephone harassment or harassment
- Repeatedly driving past place of work or residence
- Harm or threatened harm to children
New Mexico law defines “household member” as a spouse, family member, or a person with whom the alleged attacker has an ongoing personal relationship. The prosecution must also prove that a defendant “intentionally or knowingly” caused harm to an intimate partner, meaning they cannot convict a defendant due to an accidental or self-inflicted injury. Based on domestic violence’s unique definition, your attorney can use several defenses to avoid a conviction
The Consequences of a Conviction
New Mexico courts can inflict strict sentences based on the details of your case. Domestic violence can be a misdemeanor or a felony. The court may approve a restraining order on behalf of the alleged victim and even change your custody arrangements if you have children with the alleged victim. This does not even account for the harm to your reputation.
With regard to criminal penalties, a domestic violence conviction can lead to:
- Prison time
- Harsh fines
- Loss of custody
- Loss of employment
- Loss of the right to own a firearm
- Inability to get a loan or mortgage.
In addition, the courts may impose probation and post-release supervision, force the defendant to attend domestic violence classes, and fulfill other conditions.
How to Stand Up to a Domestic Violence Charge
Every case is different and requires an in-depth investigation. The prosecution has already started building its case against you, which is why it is so important to speak to a defense lawyer as soon as possible. At Raymon Law Group, your defense attorney can begin working on your case immediately, whether it involves collecting statements on your behalf or reviewing evidence.
To protect your freedom, your attorney can use several defense strategies, including:
- Reviewing the alleged victim’s medical report and showing that their injuries were either due to an accident or self-inflicted.
- Looking for inconsistencies in the alleged victim’s statements.
- Showing that you did not intend to cause the alleged victim’s injuries.
- Explaining that the alleged victim was not an intimate partner.
- Outlining how the police committed misconduct during your arrest.
Depending on the nature of your case, your attorney can fight to get you a plea deal or advocate for a complete dismissal if the prosecution does not have a strong case.
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