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  • Domestic Violence: Myths and Facts

    Posted on by JACK MKHITARIAN

    domestic violenceDomestic violence is one of those things that occurs relatively often, but people tend to ignore. It is a growing issue in the United States and doesn’t necessarily mean that it is between a man and a woman, or even a couple. Domestic violence takes many forms – it can even come in the form of emotional or mental abuse instead of physical violence. Regardless of how it comes, it is illegal to engage in violence against another person in the state of New Mexico. To deter it from happening, New Mexico has implemented harsh penalties for offenders convicted of domestic violence crimes. Therefore, it is important that everyone understand the myths and facts about this horrible form of abuse – and hopefully, avoid an arrest for such a crime in the future.

    Myth: Domestic Violence Doesn’t Affect That Many People

    A woman is actually attacked and beaten every 9 seconds in the United States. According to the FBI and the American Medical Association (AMA), there are three to four million women battered each year in the country. Also, domestic violence is the single greatest cause of injury to women, and the FBI estimates that this type of violence occurs in two-thirds of all marriages.

    Myth: A Battered Woman is Often Exaggerating Her Injuries

    Every day, according to the AMA, three women are killed by an intimate partner. This is nothing exaggerated. In fact, a majority of those women who have died never came forward to report the crime at all; therefore, there was nothing to exaggerate.

    Myth: A Woman Could Easily File False Charges for Domestic Violence

    While it is true that a woman could potentially contact the police and file a complaint of domestic violence, law enforcement is still required to investigate that claim. If they do not find evidence of abuse or if the woman is acting out of spite, it is likely that the man will be released. That being said, anyone arrested or suspected of domestic violence should contact an attorney immediately – because false claims have resulted in arrests and even convictions in the past.

    Myth: Domestic Violence Usually Arises from Drugs or Alcohol

    While it is true that a large volume of those domestic violence cases occur because of drugs or alcohol, there are plenty of instances where a woman or domestic partner is beaten by the partner without any influence from outside sources. Often, uncontrollable rage, momentary lapses in judgement, or even aggression can bring out violence in a person – and he or she does not need substance to influence it.

    Myth: If the Woman Chooses to Not Press Charges, the Prosecution Will Drop the Case

    This is untrue. Domestic violence is a sensitive crime and, often, victims are reluctant to press charges out of fear of retaliation by their partner. That is why a victim can never decide if charges will be dropped. Instead, the prosecutor will assess the facts of the case, review evidence and testimony, and then determine if the case should move forward. While he or she may consult the victim, it is not the victim’s choice whether or not the case is dropped.

    Have You Been Arrested for Domestic Violence? Do Not Wait – Contact an Attorney Immediately

    If you have been arrested for domestic violence, it is imperative that you contact a criminal defense attorney in New Mexico. The penalties for a domestic violence conviction are extremely harsh and if you are not careful, you could find that you are charged with a crime, sent to jail, and could even lose your right to carry a firearm in the future. To avoid these harsh penalties, contact the New Mexico Criminal Law Offices today at 505-375-4664 to schedule a free case evaluation, or contact us online with your questions.