Eric Raymon- Raymon Law Group-New Mexico Trial Attorney Logo

Types of Criminal Defense Cases in Albuquerque

At Raymon Law Group, we are dedicated to providing Personalized Defense Strategies tailored to our clients’ unique situations. To discuss your case, contact us at (505) 390-1040 to speak to our experienced team.

How New Mexico Criminal Defense Attorney Can Help

Best Criminal Lawyer in New mexico- raymon Law Group
In Albuquerque, New Mexico, understanding the various types of Legal Defenses is crucial for individuals and businesses facing legal challenges. Whether dealing with Criminal Charges, Civil Litigation, or Regulatory Scrutiny, knowing the right Defense Strategies can make a significant difference in the outcome of a case.

At Raymon Law Group, we are dedicated to providing personalized defense strategies tailored to our clients’ unique situations. To discuss your case, contact us at (505) 390-1040 to speak to our experienced team.

Criminal Defense Strategies


Self-Defense is a legal Defense used when a person is accused of a Crime like Assault or Homicide. The essence of this defense is that the defendant acted to protect themselves from imminent harm. In Albuquerque, for a Self-Defense claim to be successful, the defendant must demonstrate that they genuinely believed they were in immediate danger and that the force they used was necessary and reasonable to prevent that danger. This often involves presenting Evidence such as witness testimonies or medical reports showing the extent of the threat faced.

Insanity Defense

The Insanity Defense is applied when a defendant claims they were not responsible for their actions due to a severe mental disorder. In New Mexico, this Defense requires proving that the defendant was suffering from a severe mental illness at the time of the crime, which prevented them from understanding the nature or wrongfulness of their actions. This defense often involves comprehensive Psychiatric evaluations and Expert testimonies to establish the extent of the mental disorder.


An Alibi Defense involves proving that the defendant was not present at the scene of the Crime when it occurred. This defense relies on providing evidence such as witness statements, surveillance footage, or electronic records like receipts or phone logs that confirm the defendant’s location at the relevant time. The success of an Alibi Defense depends on the credibility and reliability of the evidence presented.


Entrapment occurs when law enforcement officials induce a person to commit a crime they would not have otherwise committed. To use this Defense, the defendant must show that they were persuaded or coerced by law enforcement into committing the crime and that they had no previous intention to engage in such conduct. This defense requires demonstration that the actions of the law enforcement officers were the primary cause of the criminal behavior.

Mistake of Fact

The Mistake Of Fact defense applies when a defendant had a genuine and reasonable belief that their actions were lawful due to a misunderstanding of a critical fact. For instance, if someone takes property believing it to be their own, they might use this defense. It requires proving that the mistake was honest and reasonable under the circumstances.

Civil Defense Strategies

Statute of Limitations

In civil cases, the Statute Of Limitations sets a deadline for filing a Lawsuit. If a claim is filed after this period, it can be dismissed. In New Mexico, the Statute Of Limitations varies depending on the type of claim. For example, Personal Injury Claims typically have a three-year limit, while Breach Of Contract claims generally have a four-year limit for written contracts. The defense involves proving that the plaintiff filed the lawsuit beyond the legally allowed timeframe.

Comparative Negligence

New Mexico follows a Comparative Negligence rule, which means that if the plaintiff is partially at fault for their injuries, their compensation can be reduced proportionately. For example, if a plaintiff is found to be 30% responsible for an accident and the total damages are $100,000, they would only receive $70,000. This defense requires presenting evidence that the plaintiff’s own actions contributed to their injuries.

Assumption of Risk

The Assumption of Risk Defense is used when the plaintiff knowingly engaged in an activity that had inherent risks. For instance, someone injured while participating in a high-risk sport might be found to have assumed the risks associated with that activity. This defense involves showing that the plaintiff was aware of the risks and voluntarily chose to proceed, thereby absolving the defendant of liability.


In cases of Alleged Assault or Battery, the Consent Defense argues that the plaintiff agreed to the conduct that resulted in harm. This Defense requires Clear Evidence that the consent was given voluntarily and knowingly, and that the conduct did not exceed the scope of what was agreed upon. For example, in sports or other consensual physical activities, participants might consent to certain levels of physical contact.

Failure to State a Claim

The Failure To State A Claim defense asserts that the plaintiff’s complaint does not contain sufficient legal grounds to constitute a valid claim. This procedural defense can result in the dismissal of the case if it is shown that the complaint lacks the necessary facts or legal basis. It often involves a thorough review of the legal standards and the specifics of the plaintiff’s allegations.

DUI Defense Strategies

Challenging the Traffic Stop

In Driving Under Influence (DUI) cases, one common defense is to challenge the legality of the initial traffic stop. For a traffic stop to be legal, police officers must have reasonable suspicion that a traffic violation or crime has occurred. If the stop lacked reasonable suspicion, any evidence obtained thereafter, such as Breathalyzer results, might be inadmissible in court. This defense often involves scrutinizing the circumstances and reasons provided by the officers for the stop.

Questioning the Accuracy of Field Sobriety Tests

Field Sobriety Tests (FSTs) can be subjective and influenced by various factors such as physical disabilities, poor road conditions, or even the defendant’s nervousness. Challenging these tests involves showing that the results were unreliable or that the defendant’s performance was affected by external factors unrelated to intoxication.

Breathalyzer and Blood Test Accuracy

Breathalyzer And Blood tests are commonly used to measure blood alcohol content (BAC), but they are not infallible. Defendants can question the accuracy and reliability of these tests by examining whether the devices were properly calibrated and maintained, whether the tests were administered correctly, and whether the samples were handled appropriately. Any errors in these processes can lead to incorrect BAC readings.

Medical Conditions

Certain medical conditions can produce symptoms that mimic intoxication or cause false positives on breathalyzer tests. For example, diabetes can produce acetone, which breathalyzers might mistake for alcohol, and acid reflux can cause alcohol from the stomach to enter the mouth, affecting test results. This defense requires medical evidence to support the claim that a medical condition influenced the test outcomes.

Rising Blood Alcohol Defense

The Rising Blood Alcohol Defense argues that the defendant’s BAC was below the legal limit while they were driving, but rose above the limit by the time the test was administered due to the body’s absorption of alcohol. This defense involves presenting evidence about the timing of alcohol consumption and the body’s alcohol absorption rates to show that the BAC increased after the defendant had stopped driving.

Workplace Injury Defense

Lack of Employer Negligence

Employers can defend against Workplace Injury Claims by demonstrating that they were not negligent. This involves showing that they complied with safety regulations, maintained equipment properly, and provided adequate training and supervision to employees. Documentation of safety protocols and training sessions can be critical in supporting this defense.

Employee Negligence

Employers may argue that the employee’s own negligence or failure to follow safety procedures was the primary cause of the injury. For example, if an employee disregarded safety guidelines or used equipment improperly, the employer might not be held liable. This defense requires evidence such as witness statements or video footage showing the employee’s actions leading up to the injury.

Pre-existing Conditions

Employers can defend against claims by proving that the injury was primarily due to a pre-existing condition rather than a workplace incident. Medical records and expert testimonies can be used to show that the injury was not caused by workplace conditions or activities, but was instead related to a pre-existing health issue.

Workers' Compensation Exclusivity

New Mexico’s Workers Compensation Laws generally prevent employees from suing their employers for workplace injuries, as workers’ compensation is typically the exclusive remedy. This defense means that employees are limited to the benefits provided under workers’ compensation and cannot pursue additional damages through a lawsuit. Employers must demonstrate that the injury falls under the scope of workers’ compensation coverage.

Intentional Misconduct

If an employer can show that an employee intentionally caused their own injury, they may not be liable for workers’ compensation or other damages. This defense involves proving that the employee’s actions were deliberate and intended to result in harm. Evidence such as witness statements and behavioral history can support this claim.
Regulatory Defense Strategies

Compliance with Regulations

Businesses can defend against regulatory actions by demonstrating strict adherence to applicable laws and regulations. This involves maintaining detailed records of Compliance efforts, such as regular audits, training programs, and documented procedures. Showing that the business followed all required protocols can mitigate or eliminate penalties.

Due Diligence

If a business can show that they exercised Due Diligence in trying to comply with regulations, it can reduce penalties or lead to the dismissal of charges. Due Diligence involves taking all reasonable steps to prevent violations, such as conducting internal audits, implementing corrective actions, and staying informed about regulatory changes.

Lack of Jurisdiction

Arguing that a regulatory body lacks jurisdiction over a matter can be a valid defense. This means proving that the regulatory agency does not have the authority to oversee or enforce actions against the business. Understanding the specific jurisdictional limits of regulatory bodies and demonstrating that the case falls outside their authority is crucial for this defense.

Procedural Errors

Identifying and exploiting procedural errors made by regulatory bodies during their investigation or enforcement actions can weaken their case. These errors might include improper notice, failure to follow correct procedures, or administrative oversights. Highlighting these mistakes can lead to the dismissal or reduction of charges.

Economic Hardship

In some cases, businesses can argue that complying with certain regulations would cause undue economic hardship, making it impractical or impossible to meet the requirements without severe financial impact. This defense requires detailed financial analysis and evidence showing that compliance would jeopardize the business’s viability.
Property Defense Strategies

Adverse Possession

Adverse Possession allows someone to claim ownership of land if they have occupied it continuously and openly for a certain period, typically ten years in New Mexico. To claim adverse possession, the occupant must show continuous and open use of the property, without the owner’s permission, for the statutory period. This defense often involves presenting evidence such as witness testimonies, photographs, and property tax records to support the claim of adverse possession.

Easement Rights

An Easement is the right to use another person’s property for a specific purpose, such as accessing a road or utility line. Defending against property claims might involve proving the existence of a long-established easement or demonstrating that the easement is necessary for access or utility services. This defense requires evidence such as historical usage records, legal documents, and witness statements.

Easement Rights

Resolving Boundary Disputes involves establishing accurate property lines through surveys, historical documents, and witness testimonies. Surveying the property with the help of a professional surveyor can clarify the true boundaries, and reviewing historical deeds and maps can provide additional context. Witnesses who can testify about the historical use and boundaries of the property are also valuable.

Zoning Law Compliance

Defending against claims of Zoning Law Violations requires proving that the property use complies with local ordinances. This might involve obtaining necessary permits and demonstrating that the property use is consistent with zoning regulations. If the property use is grandfathered in under older regulations, providing documentation of this status is essential.

Trespass Defense

In Trespassing Cases, defendants can argue that they had permission to be on the property or that property boundaries were unclear. This defense involves presenting evidence such as statements from the property owner, historical use of the property, and any agreements or permissions granted. Clear boundary markers or the lack thereof can also play a significant role in this defense.
Contact Raymon Law Group
At Raymon Law Group, we are committed to providing comprehensive and effective legal defenses tailored to your specific needs. Contact us at (505) 390-1040 to schedule a consultation with Eric Raymon and our team of experienced attorneys. Whether you are facing criminal charges, civil litigation, regulatory issues, or property disputes, we are here to help you navigate the complexities of the legal system in Albuquerque, NM.
Frequently Asked Questions (FAQs)

What are the most common defenses used in criminal cases in Albuquerque?

The most common defenses include self-defense, insanity, alibi, entrapment, and mistake of fact. Each defense requires specific evidence and arguments tailored to the circumstances of the case.

How does the statute of limitations affect civil cases in New Mexico?

The statute of limitations sets the deadline for filing a lawsuit. If a claim is filed after this period, it can be dismissed. The time limit varies depending on the type of claim, such as personal injury or breach of contract.

Can comparative negligence be used in all personal injury cases in New Mexico?

Yes, New Mexico follows a comparative negligence rule, which means that if the plaintiff is partially at fault for their injuries, their compensation may be reduced proportionately.

How can I prove an alibi in a criminal case?

An alibi can be proven through witness testimonies, surveillance footage, electronic records, or any other evidence showing that the defendant was not at the crime scene at the time the crime was committed.

What should I do if I believe I was entrapped by law enforcement?

If you believe you were entrapped, you should contact an experienced defense attorney who can review the details of your case and determine if entrapment occurred. This defense requires showing that law enforcement’s actions were the primary cause of the criminal behavior.

What are the defenses against DUI charges in Albuquerque?

Common defenses against DUI charges include challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests, breathalyzer and blood test accuracy, medical conditions, and the rising blood alcohol defense.

How can an employer defend against a workplace injury claim?

Employers can defend against workplace injury claims by demonstrating lack of negligence, proving employee negligence, highlighting pre-existing conditions, invoking workers’ compensation exclusivity, and showing intentional misconduct by the employee.

What is an easement right in property disputes?

An easement right allows someone to use another person’s land for a specific purpose, such as accessing a road or utility line. Defending property claims might involve asserting easement rights established by long-term use or legal agreements.

How do regulatory compliance defenses work?

Regulatory Compliance Defenses involve showing adherence to applicable laws, exercising due diligence, identifying procedural errors by regulatory bodies, and arguing economic hardship. These defenses require detailed documentation and a thorough understanding of regulations.

What steps should I take if I am involved in a property boundary dispute?

In a property boundary dispute, you should gather surveys, historical documents, and witness statements to establish the true property lines. Consulting with a property attorney can help you navigate the legal process and present a strong defense.

Practice Areas
Free in-depth No Obligation Case Evaluation
Assault and Battery
Domestic Violence
Drug Crime
Theft Crime
Sex Crime


We never stop fighting for our clients.

Looking for Criminal Defense attorney New Mexico? Contact New Mexico Trial Attorney.

Free Case Evaluation

Free in-depth No Obligation Case Evaluation

    Please prove you are human by selecting the heart.

    Our Reviews
    Free in-depth No Obligation Case Evaluation
    100% Confidential
    No Fee, Unless

    We are Successful for you