There are many questions and concerns when it comes to this serious issue. Domestic Violence charges can impact everyone involved.Domestic Violence Charges in New Mexico are taken very seriously by the prosecution and the defense needs to be prepared. They are delicate situations that require expert knowledge of the New Mexico laws. Frechette & Associates can help you better understand Domestic Violence charges.
Domestic Violence Laws in New Mexico
The State of New Mexico defines “domestic violence” as a crime involving one household member or close family member (or past household family member) committing an act against another. The illegal acts can include, but is not limited to:
Severe emotional distress
Bodily injury (battery or assault)
Threat of imminent bodily injury
Harm or threatened harm to children
What are the criminal laws that govern Domestic Violence charges in New Mexico?Three of the most important statutes are:
The Family Violence Protection Act
The Crimes Against Household Members Act
The Harassment and Stalking Act
Understanding and interpreting these statutes is a critical part of any domestic violence case.What are the possible sentences for Domestic Violence Charges in New Mexico?Domestic violence charges and related crimes can vary, depending on what, if any, injuries were sustained and depending on which court the crime is charged in.
A petty misdemeanor – up to six months jail and a fine up to $500
A misdemeanor – up to a one year jail sentence and a fine up to $1,000
A fourth degree felony – up to 18 months jail sentence and up to a $5,000 fine
A third degree felony – up to 3 year jail sentence and up to a $5,000 fine
If convicted, the judge can impose additional probation conditions for Domestic Violence Charges in New Mexico. These can include required counseling or a heightened charge for repeated offenders. If you are convicted of domestic violence in New Mexico you cannot own or carry firearms.What are some common defense strategies regarding Domestic Violence charges in New Mexico?Although many defenses are possible, some of the most common are:
False accusation (to gain advantage in a child custody proceeding, for example)
The accuser is not a “household member” under New Mexico law (this defense may result in a lesser charge or conviction)
A domestic violence conviction can have severe repercussions on your life. Frechette & Associates has the skill and expertise needed to assist you. Obtaining proper pre-trial information from the prosecution, interviewing your witnesses, interpreting any existing evidence and deciding the best possible legal strategy are all essential requirements for your case.