Were you arrested for indecent exposure in Albuquerque, New Mexico? A conviction could set your future back dramatically. However, don’t lose hope about what’s next before getting some legal advice from Jones Criminal Defense Attorneys.
We are a leading criminal defense firm in New Mexico that will make your case a top priority. Our Albuquerque indecent exposure lawyers have 25 years of combined experience and know how to respond to these charges appropriately and with confidence.
Schedule a free consultation today to get started with your case at (505) 499-5454. We can answer any questions you might have and offer you some initial legal advice as well at that time.
How Jones Criminal Defense Attorneys Can Help if You Were Charged With Indecent Exposure in Albuquerque, NM
Law enforcement and the prosecution have already made up their mind about your guilt, regardless of what actually happened. Fortunately, the law affords you various rights throughout the process that give our Albuquerque criminal defense lawyers room to work with in terms of crafting a strategy in response.
Some of the ways our legal team with Jones Criminal Defense Attorneys can help include:
- Thoroughly reviewing your charges and the evidence the prosecution plans to use
- Filing motions to suppress evidence and dismiss charges when appropriate
- Gathering any available evidence that supports your version of events
- Making sure you understand your legal rights and options at every stage
- Representing you at all court hearings and at trial if your case goes that far
We will do everything in our power to protect your rights and your future. Call our law offices in Albuquerque, NM, today to set up a free initial consultation.
Indecent Exposure Law in New Mexico
NMSA § 30-9-14 defines indecent exposure as knowingly and intentionally exposing one’s primary genital area to public view. Under the statute, “primary genital area” refers specifically to the mons pubis, penis, testicles, mons veneris, vulva, or vagina.
An important element of this charge is that the exposure must take place in “public view.” This means the prosecution needs to prove not only that the exposure happened, but that it occurred in a setting where others could observe it. Accidental or incidental exposure does not meet the legal definition of this offense.
Aggravated Indecent Exposure
NMSA § 30-9-14.3 covers the more serious offense of aggravated indecent exposure. The statute explicitly defines aggravated indecent exposure as exposing the primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while committing one of the listed acts.
Circumstances that can elevate the charge to aggravated indecent exposure include:
- The exposure was directed at a child under the age of 18
- The exposure occurred while committing assault or aggravated assault
- The exposure was accompanied by battery or aggravated battery
- The exposure took place during an act of criminal sexual penetration or child abuse
Aggravated indecent exposure is a much more serious charge than the standard offense and carries far heavier consequences if you are convicted.
What Are the Potential Penalties for an Indecent Exposure Conviction in Albuquerque?
Standard indecent exposure is classified as a misdemeanor under New Mexico law. A conviction can result in jail and a fine of up to $1,000. The court is also required to order the defendant to complete a professional counseling program at their own expense.
Aggravated indecent exposure is a felony. A conviction at this level can result in prison time and fines of up to $5,000. Perhaps most significantly, a felony conviction for aggravated indecent exposure triggers mandatory sex offender registration, which carries its own set of long-term restrictions and obligations.
Serious collateral consequences can also result from a conviction, including difficulty finding housing and employment.
Defenses Against Indecent Exposure Charges in New Mexico
Ultimately, the facts and circumstances of your case will determine the best defenses you can raise.
A few common examples we may look into include:
- The exposure was accidental or unintentional, meaning the required mental state was not present
- You were not in “public view” as defined by the statute
- For aggravated charges, the conduct was not ‘lewd and lascivious’ or lacked the intent to threaten or intimidate.
- Your constitutional rights were violated during the investigation or arrest, such as through an illegal search or a lack of probable cause
- The identification was mistaken, and you were not the person involved in the alleged incident
Other defenses may apply depending on the specific facts of your case. Our criminal defense attorneys will evaluate every angle to build the best possible argument we can on your behalf.
Schedule a Free Consultation With Our Albuquerque Indecent Exposure Attorneys
Indecent exposure charges in Albuquerque, NM, aren’t something you can ignore. However, with Jones Criminal Defense Attorneys on your side, you can have peace of mind knowing your case is in trusted hands throughout the process.
Contact our Albuquerque indecent exposure attorneys today to set up a free consultation. We have decades of combined experience helping those accused of crimes in our local community.