An accusation of domestic violence can shatter your world in an instant. One moment, you are at home in Edgewood, and the next, you are facing a future filled with uncertainty, fear, and the overwhelming weight of the criminal justice system. A heated argument, a misunderstanding, or a false allegation can quickly escalate into an arrest, forcing you from your home and separating you from your family. In these moments, having an Edgewood domestic violence attorney by your side can make all the difference as you fight to protect your reputation, freedom, and future.
During this critical time, you need more than just legal advice; you need a strategic advocate who understands what is at stake. An experienced Edgewood domestic violence attorney from our firm will listen to your side of the story and zealously fight to protect your rights. At New Mexico Criminal Law Offices, our practice is 100% dedicated to criminal defense. We understand the profound impact these charges have on your life, and we are prepared to build the aggressive, intelligent defense you need.
What Is Legally Considered Domestic Violence in New Mexico?
The term domestic violence is often associated with physical harm, but under New Mexico law, its definition is much broader. The State prosecutes these cases under the umbrella of domestic abuse, which includes any incident by a household member against another household member that results in harm, injury, or the threat of harm.
To constitute domestic violence, the act must take place between household members. The law broadly defines a household member to include much more than just a spouse or partner. You can be charged with domestic violence for an incident involving:
- A spouse or former spouse,
- A parent or step-parent,
- A grandparent or grandchild,
- A child or stepchild,
- A co-parent (someone with whom you have a child in common), and
- A person with whom you have or have had a continuing personal relationship.
The specific acts that constitute domestic abuse can range from verbal threats to physical violence. No actual physical injury needs to occur for the police to arrest you or for the State to file charges against you. Acts that can lead to domestic violence charges include:
- Battery against a household member—the unlawful, intentional touching or application of force to a household member in a rude, insolent, or angry manner;
- Assault against a household member—intentionally causing someone to fear an imminent battery, which could be a threat or a menacing gesture;
- Stalking or harassment—a pattern of conduct intended to cause the recipient fear of harm, death, or sexual assault;
- Criminal property damage—damaging property belonging to a household member.
Understanding these definitions is the first step in recognizing the scope of the charges against you and identifying the elements the prosecution must prove to secure a conviction.
How a Domestic Violence Defense Attorney Can Fight for You
An accusation of domestic violence does not mean you are guilty. These cases are often complex, emotionally charged, and built on the conflicting testimony of two people. A skilled domestic violence defense attorney understands how to deconstruct the prosecution’s case and create a strategy tailored to the facts. Our domestic violence lawyers will meticulously investigate and explore potential defense strategies on your behalf.
- Challenging false allegations. It is an unfortunate reality that false or exaggerated claims of abuse are sometimes made, particularly during contentious divorce or child custody disputes. We work to expose inconsistencies in the accuser’s story and uncover their potential motives.
- Arguing self-defense. If you were defending yourself or another person from harm, your actions may have been legally justified. We can gather evidence to show that you were responding to a threat and did not act as the primary aggressor.
- Demonstrating a lack of evidence. The burden of proof is on the prosecution to prove every element of the crime beyond a reasonable doubt. We can argue that their evidence is insufficient, unreliable, or based on speculation.
- Negotiating for reduced charges. In some cases, it may be possible to negotiate with the prosecutor to reduce the charges and avoid the most severe consequences.
- Identifying violations of your rights. We will scrutinize the entire process for any procedural errors or constitutional violations by law enforcement, such as an unlawful search or a failure to read your Miranda rights.
Building a powerful defense requires a proactive and knowledgeable legal team that knows how to challenge the State’s narrative.
Long-Term Consequences of a Domestic Violence Conviction
Beyond the immediate crisis of an arrest and a protective order, a criminal conviction for domestic violence carries severe and lasting penalties. The criminal penalties for a conviction of battery against a household member can include:
- Up to 364 days in jail,
- Substantial fines and court costs,
- Mandatory completion of a 52-week batterer’s intervention program or extensive counseling, and
- Lengthy probation with strict conditions.
If the charge involves aggravating factors, such as the use of a deadly weapon or causing great bodily harm, it can be elevated to a felony. A felony conviction carries the potential for years in state prison.
In addition to the court-ordered sentence, a domestic violence conviction has lifelong collateral consequences that many people do not anticipate, including:
- Loss of firearm rights. Under federal law, anyone convicted of a domestic violence offense is permanently prohibited from owning or possessing a firearm or ammunition. This is a lifetime ban.
- Impact on child custody. A conviction can be used against you in family court, potentially affecting your custody or visitation rights.
- Immigration status. For non-citizens, a domestic violence conviction can lead to deportation, denial of naturalization, or refusal of re-entry into the United States.
These consequences underscore the importance of mounting a serious defense with the help of a qualified Edgewood domestic violence attorney.
Why Choose an Edgewood Domestic Violence Attorney from Our Firm?
When you are facing a charge as serious as domestic violence, you need a legal team with the experience and singular focus required to protect you. At New Mexico Criminal Law Offices, our practice is 100% devoted to criminal defense. We are not general practitioners; we are career defense attorneys who have spent decades in the criminal courts.
Our team brings over 30 years of combined experience, having handled thousands of cases ranging from DWIs to the most complex federal homicides. This high-stakes litigation experience gives us a unique perspective. We understand how to analyze evidence, cross-examine witnesses, and dismantle a prosecutor’s arguments. As your Edgewood domestic violence lawyer, we bring the full weight of this focused experience to fight for you.
Contact a Dedicated Domestic Violence Defense Lawyer Today
An accusation of domestic violence can make you feel isolated and powerless. Do not wait to seek help. The sooner you have a strong legal advocate on your side, the more options you will have to protect your rights, your family, and your future. The team at New Mexico Criminal Law Offices is ready to listen to your story and explain your legal options today. Contact us for a confidential consultation so we can begin building your defense.
Resources
Ban on Gun Ownership, 18 United States Code § 922(g)(9), link.
Standards for the Determination of Child Custody, New Mexico Statutes Annotated § 40-4-9.1(C), link.
Deportable Crimes, 8 United States Code § 1227(a)(2)(E)(i), link.