Were you arrested on suspicion of domestic violence in Albuquerque, New Mexico? Contact Jones Criminal Defense Attorneys for a free consultation at (505) 499-5454. Our Albuquerque domestic violence lawyers will do everything in our power to have your charges dismissed or reduced if possible.
Our criminal defense law firm brings extensive experience to every case we take on. If you hire us to represent you, we will be at your side during every court appearance, including trial, if that’s in your best interest.
Contact our Albuquerque criminal defense attorneys today to learn more about your legal rights and how we can help you fight against the prosecution. Call to schedule a free consultation today.
Why Hire Jones Criminal Defense Attorneys if I’ve Been Charged with Domestic Violence in Albuquerque, New Mexico?
Choosing the right Albuquerque criminal defense lawyer is one of the most important decisions you’ll make after being charged with domestic violence. At Jones Criminal Defense Attorneys, we have been defending clients in this area for years and know what it takes to handle these cases from start to finish.
When you hire our Albuquerque domestic violence attorneys to help you with your case, you get:
- Local experience: We understand how New Mexico’s domestic violence laws are applied in Albuquerque courts and how local prosecutors build their cases.
- Thorough investigations: Our team will review police reports, interview witnesses, and dig into the details to find weaknesses in the state’s case against you.
- Strong courtroom advocacy: We’re comfortable in the courtroom and are confident in our ability to win cases at trial.
- Personalized attention: You won’t be treated like just another case file. We will keep you informed and involved throughout the entire process.
With your freedom and future on the line, you need a law firm that takes your case as seriously as you do. That’s what we provide at our criminal defense law firm. Contact our team in Albuquerque, NM, today for a free case review.
Domestic Violence Laws in New Mexico
Domestic violence in New Mexico is not a single offense but rather a broad category of crimes committed against certain protected individuals. Under New Mexico law, these cases typically involve acts of assault, battery, harassment, or related offenses when the alleged victim has a specific relationship to the accused.
The relationships that are involved in domestic violence situations generally include:
- Current or former spouses
- People living together or who have lived together
- People who share a child
- Current or former dating or intimate partners
The law does not require serious injury for a charge to be filed. Mere allegations of threats, intimidation, or minor physical contact can sometimes lead to an arrest.
Prosecutors often bring charges quickly in these cases, sometimes before all facts are fully examined. This is one of the reasons having an experienced defense lawyer on your side matters so much for the outcome of your situation.
Types of Domestic Violence Charges in Albuquerque
Domestic violence cases can involve a wide range of underlying offenses in New Mexico.
Some of the most common examples of domestic violence charges include:
- Assault or aggravated assault: Threatening or causing bodily harm to a family or household member, with aggravated assault typically involving a deadly weapon or resulting in serious injury
- Battery: Unlawful physical contact, whether or not it causes visible injury
- Harassment or stalking: Repeated or unwanted behavior that causes fear or intimidation
- Violation of protective orders: Failing to follow the terms of a restraining order or order of protection
The severity of the charge depends on the specific facts of the case. A simple battery may be treated as a misdemeanor, while aggravated assault with a weapon can result in felony charges. Felonies carry much harsher consequences, including years in prison and significant fines.
What Are the Penalties for Domestic Violence in New Mexico?
The potential consequences for a domestic violence conviction in Albuquerque can be severe. Penalties depend on various factors, including the exact charges in question and whether you have any prior criminal history.
For misdemeanors, you could face:
- Up to 364 days in jail
- Probation
- Community service
- Counseling
- Fines of up to $1,000
For felonies, the stakes are much higher, and convictions may lead to:
- Prison sentences ranging from 18 months to over a decade, depending on the degree of the felony
- Fines of up to $5,000 or more
- Loss of civil rights, such as the right to possess firearms
Facing domestic violence charges can be scary, but it’s important to remember that you’re innocent until proven guilty. A strong New Mexico criminal defense lawyer can also help by providing guidance and support during this stressful time. Our domestic violence attorneys in Albuquerque will work hard to help you receive as favorable an outcome as we can.
Collateral Consequences of a Conviction
While jail time and fines are the most immediate concerns, the ripple effects of a domestic violence conviction can last for years.
Some of the collateral consequences of a domestic violence conviction in New Mexico may include:
- Difficulty finding or keeping a job due to a criminal record
- Restrictions on owning or carrying firearms under both state and federal law
- Problems with immigration status, including possible deportation for non-citizens
- Challenges in family court, particularly in custody or visitation disputes
These lasting effects are why taking action early in your case is so important. A seemingly minor misdemeanor conviction can still create obstacles that follow you for the rest of your life. A New Mexico criminal defense attorney can help explain all the potential consequences in your specific situation during a free consultation.
What Defenses Are There to Domestic Violence Charges in Albuquerque, NM?
Domestic violence cases are heavily fact-dependent, but our skilled defense attorneys can evaluate all of the facts and craft a strategy tailored to your situation.
Depending on the circumstances, possible defenses to domestic violence charges in New Mexico may include:
- Self-defense: If you acted to protect yourself or another person from harm, your actions may have been legally justified.
- False allegations: Unfortunately, domestic violence accusations are sometimes made against someone to gain leverage in custody battles or out of anger. Demonstrating that the allegations are false can be a strong defense.
- Lack of intent: Many charges require proof that you acted intentionally or knowingly. If the incident was accidental, the state may not be able to meet its burden of proof, which is typically “beyond a reasonable doubt” in many criminal cases.
- Insufficient evidence: Prosecutors have to prove guilt beyond a reasonable doubt. If the evidence is weak or contradictory, the prosecution may not be able to meet its burden and the charges may not hold up in court.
- Violation of rights: If the police failed to follow proper procedures when gathering evidence or otherwise violated your rights, your attorney can potentially seek to have that evidence excluded.
No matter the exact circumstances involved in your case, you are entitled to raise a defense and hold the prosecution to its high standard of proof. A lawyer from our office in Albuquerque can help you explore all potential defenses that could apply to your situation and build a case around them.
How a Domestic Violence Lawyer in Albuquerque Can Help With Your Case
Hiring a lawyer is not just about having someone stand beside you in court. If you’re facing domestic violence charges in Albuquerque, you need a strong legal team that can help at every stage of the process. They should advocate for you, provide sound guidance and advice for your situation, and ensure that all your questions are answered.
An experienced New Mexico domestic violence lawyer can:
- Review your charges and explain what they mean
- Identify weaknesses in the state’s case and pursue opportunities for a dismissal or reduction of your charges
- Negotiate with prosecutors for a favorable plea agreement when appropriate
- Represent you in all court appearances and hearings, including at trial if needed
- Work to protect your personal and professional future from the collateral consequences of a conviction
From the moment you hire an attorney, you have someone focused solely on your rights and interests. That support can make all the difference in how your case is resolved.
Contact Our Albuquerque Domestic Violence Attorneys for a Free Consultation
Domestic violence charges in New Mexico carry serious penalties and can impact your life for years to come. However, you likely still have time to respond to your charges with an effective defense strategy.
At Jones Criminal Defense Attorneys, we have extensive experience defending clients across Albuquerque against tough charges. Our lawyers understand what you are up against, and we are ready to fight for you every step of the way.
Contact our experienced Albuquerque domestic violence lawyers today to schedule a free consultation. We will listen to your story, answer any questions you may have about your situation, and start building your case.