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New Mexico Domestic Violence Defense Attorneys

Facing domestic violence charges in New Mexico can be a terrifying ordeal. A conviction can drastically alter your life, jeopardizing your freedom, relationships, and career. At New Mexico Criminal Law Offices, our seasoned domestic violence defense attorneys are dedicated to safeguarding your rights and future.

Domestic Violence Laws in New Mexico

New Mexico has stringent laws and policies regarding domestic violence. The New Mexico Family Violence Protection Act defines domestic abuse as any incident by a household member against another household member that involves:

  • Physical harm, including bodily injury or assault;
  • Severe emotional distress;
  • Harassment;
  • Telephone harassment;
  • Harm or threatened harm to children, including abuse;
  • Threats causing imminent fear of bodily injury;
  • Criminal trespass;
  • Criminal property damage; or
  • Stalking or sexual assault, regardless of household member status.

But who qualifies as a household member under these laws?

Definition of Household Member Under New Mexico Law

According to New Mexico Courts, the term “household member” encompasses:

  • Current or former spouse;
  • Present or former parent, step-parent, or parent-in-law;
  • Present or former grandparent or grandparent-in-law;
  • Child, stepchild, or grandchild;
  • Individuals who share a child, regardless of marital or cohabitation status; and
  • Individuals who have dated or had an intimate relationship.

Same-sex relationships are included, and cohabitation is not required to qualify as a household member. Roommates without an intimate or close family relationship and distant relatives are excluded from this definition.

Types of Domestic Violence Charges

Domestic violence charges in New Mexico range from misdemeanors to felonies. Common charges include:

  • Battery against a household member. This crime is codified in the New Mexico Statutes Annotated (NMSA) Section 30-3-15. It involves using unlawful force against a household member.
  • Assault against a household member. You can find this crime codified in NMSA Section 30-3-12. The offense entails threats of immediate physical harm against a household member.
  • Aggravated battery and assault. NMSA Sections 30-3-16 and 30-3-13 define these more severe charges that often involve weapons or significant injury.

Our skilled lawyer will help you understand the specific charges and potential consequences of the crime the State has charged you with.

Potential Penalties for Domestic Violence Convictions

Domestic violence convictions in New Mexico can result in significant repercussions, including jail time, fines, mandatory counseling, and orders of protection. For example, a first-time misdemeanor battery conviction can result in up to six months in jail and a $500 fine. Felony convictions, such as aggravated battery, impose harsher penalties that can include substantial prison time.

A domestic violence conviction can also have far-reaching consequences, such as:

  • Loss of child custody,
  • Employment restrictions, and
  • Difficulty securing housing.

Don’t let a domestic violence charge define you. A domestic violence defense lawyer will work to minimize the potential long-term consequences of a conviction.

Defenses Against Domestic Violence Charges

Our attorneys implement various strategies to defend against domestic violence charges, including:

  • Self-defense—involves demonstrating that the actions were taken to defend yourself or someone else from harm;
  • False allegations—showing that accusations were fabricated out of spite or to gain an advantage in divorce or custody proceedings;
  • Lack of evidence—showing that the evidence is insufficient to prove beyond a reasonable doubt that you committed the crime; or
  • Mutual combat—demonstrating that both parties mutually decided to engage in a physical altercation and that both parties sustained injuries.

Consulting with a seasoned defense attorney is crucial to evaluate your case’s unique circumstances and devise an effective defense strategy tailored to your situation. Our attorneys consistently achieve successful outcomes in defending clients against domestic violence charges.

Why Choose Us As Your Domestic Violence Defense Lawyers?

Selecting the right domestic violence defense lawyer can significantly impact your case’s outcome. Here’s why we stand out:

  • Experience. Since 1997, our firm has defended clients against domestic violence charges. Our many years of experience have resulted in a deep understanding of New Mexico’s legal system and the legal acumen to get you the best result possible.
  • Recognized and respected. Our attorneys are known for our deep understanding of the law, our dedication, and our track record of successful outcomes.
  • Personalized legal strategies. Every case is unique. We tailor our legal strategies to achieve the best possible results for each client.
  • Compassionate and supportive. We provide comprehensive support, ensuring you have direct access to your attorney. We also provide you with individualized attention throughout your case.

We will be here to help you through the legal process, tirelessly protect your rights, and advocate for your best interests.

Go with Experience and Results

If you or a loved one is facing domestic violence charges, don’t delay in seeking legal assistance. And if you search online for “domestic violence lawyers near me,” do not simply accept the results. You need lawyers with dedication, experience, and a track record of successful results. 

For nearly 30 years, New Mexico Criminal Law Offices have been committed to defending the rights of individuals accused of domestic violence. Contact us today to schedule a consultation with an experienced domestic violence defense attorney. Let us help you through this challenging time and work towards a favorable outcome.