Are Heterosexual Men Also Victims of Intimate Partner Abuse?
Women are not the only victims in domestic violence cases – men can be, too. While women are the most common victim in these cases, there are instances where a heterosexual male has been abused by their female partner.
Domestic violence laws in the state of New Mexico apply to women and men alike. Therefore, the same punishment a man could receive is what a woman would receive if she were convicted. In the state, domestic violence is a form of assault or battery – therefore, a person is not charged with domestic violence outright.
These charges are very hard to deal with because they will typically involve family members. If you are a woman being accused of domestic violence against a male spouse or partner, it can take an emotional toll on you just as much as it can the rest of your family. Right now, you are facing a criminal trial, and if you are convicted, you will have a permanent criminal record that impacts the rest of your life significantly.
You cannot risk fighting these charges alone. Instead, you need an attorney by your side that has experience with these types of cases and is ready to fight against allegations of domestic abuse.
How New Mexico Views Domestic Violence
New Mexico classifies domestic violence under assault or battery – depending on the type of abuse allegations made. An assault in the state involves threats of violence where the victim is not physically harmed but does feel that their safety is threatened. When it comes to a heterosexual male being the victim of domestic violence from a female partner, assault is more common than battery.
Battery is physical touching with the intent to harm the victim. Gender plays no role in determining battery. A woman can be charged with battery if she strikes a male partner or intentionally harms them.
What Is the Penalty If Convicted of Domestic Violence Offenses in New Mexico?
If you are facing assault or battery charges that stem from allegations of domestic violence, you need to understand the severity of these allegations. The penalty for these crimes will depend on whether you are charged with assault or battery and the circumstances surrounding those acts. For example, if you are charged with battery while using a deadly weapon, you are subject to automatic enhanced penalties in comparison to battery without a weapon.
Just some of the criminal penalties for domestic violence crimes include:
- Time in jail or state prison – depending on the type of assault or battery charges you face. You could spend up to one year in a county jail for misdemeanor assault, while you could spend up to three years in prison if you are charged with a third-degree felony.
- Time served on probation or parole. You may not spend your entire sentence in jail or prison, but you will serve the remainder on probation or parole. During these periods, your activities are restricted, you may have a curfew, you will check in with a parole officer during your probation, you might need to attend court-required drug and alcohol courses or anger management, and you will be limited on who you may interact with. Any violation of your probation or parole could result in a revocation, which means you will serve the rest of your sentence in jail or prison.
- Paying monetary fines to the court. You will have a jail or prison sentence along with a monetary fine. The fine is dictated by the statute and varies – giving the judge discretion to pick which monetary fine within that range.
- Losing your job and possibly having to change careers permanently. If you have to go to jail or prison, it is unlikely your job will be held for you until you get back. More importantly, a permanent criminal record may require you to change your career permanently, especially if you are in a career field that will not accept a person with a criminal record, such as an educator.
- Losing friends and family members, and possibly custody of your children. If convicted of domestic violence, you may notice friends and family members treat you differently or distance themselves. If you have small children, you could lose custody of those children to the spouse who accused you of domestic violence or another family member who takes your children while you serve your jail sentence.
Defending Yourself against Claims of Domestic Violence
Domestic violence allegations are very serious and not something you should fight alone. You need to start your defense as early as possible, because the bar for proving that you are guilty beyond a reasonable doubt is set low. After all, the testimony of the victim is sometimes all it takes to get a conviction.
These types of cases are some of the hardest to defend but can be the hardest to litigate when you have the right defense team by your side. An attorney will start to create a defense strategy the moment they are hired, look for ways to protect your rights, and prevent you from being falsely accused of something you did not do.
Contact a Local Attorney with Experience Handling Domestic Violence Cases
If you or a loved one has been arrested for domestic violence – whether male or female – it is critical that you contact a defense attorney right away. Do not assume that these cases will resolve on their own. Even if the victim later recants his story or refuses to cooperate, the prosecution can still pursue charges. Therefore, you need someone ready to fight for you and help get the best possible outcome in your case.
Contact the defense team at New Mexico Criminal Law Offices today. We know what it takes to fight these charges, and we will not rest until we get the best possible outcome for our clients. We have handled countless cases involving allegations of domestic abuse, and we can help you, too.
Contact us now for a free case evaluation or connect online by completing our online contact form.