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  • Potential Consequences of a Domestic Violence Conviction in New Mexico

    Posted on by JACK MKHITARIAN

    domestic violence

    Charged with DV? New Mexico DV Defense Attorneys can Help

    Domestic violence is a serious offense to be charged and convicted for. While you could serve jail time, you may not be fully aware of the consequences – some of which will affect you for the rest of your life. Before deciding whether you want to take a plea deal or attempt to represent yourself, you should consider these long-term consequences carefully.

    Some consequences solely rely on a criminal conviction, while others could play out from the results of a civil case. The seriousness of these consequences is reason enough to hire a skilled criminal defense attorney.

    Immigration Consequences

    One of the direst (and unrealized) consequences of domestic violence convictions is that of immigration. If you are a non-citizen, you will not be able to take advantage of Early Intervention Programs, conditional discharges, or deferred sentences. The admission of guilt will be enough to trigger the deportation process, even if you were able to strike a plea deal with the prosecution.

    Gun Ownership

    You do not have to be convicted of a felony to lose your right to bear arms. In the United States, anyone convicted of a domestic violence offense will be prohibited by federal law from ever possessing a firearm. If you possess a firearm after your conviction, you could be charged with a federal crime and sentenced to up to 10 years in prison. Obviously, these limitations could affect you if you are serving in the armed forces, or even as reserve.

    Employment Consequences

    If you are convicted of a domestic violence offense, it will impact your career more than you may realize. First, the conviction could make you ineligible for certain types of employment, especially if employers disallow anyone with a criminal record. Also, it could affect your ability to receive a student loan, which means that you may be unable to afford college or further your career.

    Misdemeanor or Felony Offense

    Most domestic violence cases are charged as a misdemeanor, but there are instances where they can be charged as a felony. These carry harsher penalties and longer sentences. Typically, a case qualifies as a felony conviction if the crime occurs with other crimes, such as kidnapping or rape. In addition, repeat offenders of domestic violence may be charged with a felony.

    If you are charged with aggravated stalking as part of your domestic violence offense, then you could also face a felony charge.

    Each of these felony convictions carry a significant sentence under New Mexico criminal codes. These also have maximum and minimum sentencing guidelines, which means the judge will not use his or her discretion to pick your sentence.

    Speak with an Attorney

    You may qualify for an early intervention program or deferred sentence, but in order to explore your options, you must first speak with an attorney. The team at New Mexico Criminal Law Offices can help. Schedule a consultation today by calling 505-375-4672 or requesting more information online.