Child Abuse Charges in New Mexico: What to Know
The penalty for child abuse in New Mexico depends on the alleged conduct and the harm involved, and the charges are serious. Here is what matters most.
- New Mexico defines child abuse broadly under NMSA 32A-4-1, covering physical, emotional, and psychological abuse, as well as neglect, abandonment, exploitation, and cruel punishment of a child.
- Child abuse is generally charged as a felony, and the degree escalates with the harm involved and any prior offenses, up to a first-degree felony when the abuse causes great bodily harm or death.
- Failing to report suspected child abuse is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
- Because the penalties turn on the specific facts, an experienced New Mexico defense attorney can be critical to protecting your record, job, and future.
Experienced New Mexico Criminal Defense Attorneys Fighting Felony Child Abuse Charges
Protecting children is one of the biggest priorities for New Mexico lawmakers. That is why a series of laws were enacted to protect young children from violence. States all have child abuse legislation that protects children from not only physical, but emotional, sexual, and mental abuse.
New Mexico has harsh statutes that will penalize those suspected of child abuse. Furthermore, the law requires that third parties like educators and medical care providers report suspected abuse so that it can be investigated promptly.
What are the Child Abuse Laws in New Mexico?
New Mexico’s child abuse laws vary depending on the reporting and type of abuse reported. However, every person that has a reasonable suspicion a child is being abused is required by law to report that to the state authorities.
Under New Mexico Statutes 32A-4-1, child abuse is described as the emotional, psychological, or physical abuse, including sexual, exploitation, abandonment, neglect, torture, confinement, and the cruel punishment of a child.
There is a penalty for failure to report any suspected abuse, that can be up to one year in jail and a fine of up to $1,000 for the misdemeanor offense.
While everyone wants to prevent and punish those that commit child abuse, most do not realize how common abuse is in the United States. There are approximately three million reports annually, and there are more than six million children affected by these reports. It is estimated that four children are killed from neglect or abuse daily in the United States, which is why it is important that third parties be on the lookout for problems.
An Accusation Is Not a Conviction
Accused of Child Abuse in New Mexico?
Few charges feel more frightening or personal than these, and the fear of losing your record, your job, and your family can be overwhelming. You still have the right to be heard and defended. Our New Mexico defense team will listen without judgment, explain what you’re facing, and fight to protect your future. Reach out and let’s talk.
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What is the Penalty for Child Abuse in New Mexico?
If a person is arrested and successfully convicted for child abuse, they could face a felony conviction. Anyone who commits child abuse has harsh penalties to worry about, including:
- Child abuse of a child without death. An abuse of a child that leads to great bodily harm and is a first-offense for the parent or caretaker is a third-degree felony. Then, a second-degree felony for all subsequent offenses. If the abuse results in great bodily harm, the parent or caregiver could have a first-degree felony charge.
- The death of the child. If the child abuse results in the child’s death, then the defendant could face a first-degree felony for the child’s manslaughter.
Also, child abuse can include the exposure to illegal substances, such as methamphetamines. Therefore, the use of drugs during pregnancy and an infant that is born with drug-addiction issues could result in a child abuse case too.
Speak with a Criminal Defense Attorney Regarding Your Child Abuse Case
If you have been arrested or you are being accused of child abuse, it is imperative that you speak with an attorney. Child abuse is a felony offense in New Mexico, which means you will not only have a longer prison sentence but a permanent criminal record. When you have a felony, you are no longer able to apply for certain jobs, and you could even lose your military status (if you are active duty).
Therefore, speak with an attorney today from the New Mexico Criminal Law Offices to explore your options. Schedule your free case evaluation now at 505-200-2982 or request more information online.
