Domestic Violence Crimes in New Mexico

Domestic Violence Crimes in New Mexico

Under New Mexico law, certain acts committed against a household member are considered to be domestic violence or abuse. These include assault, battery, aggravated battery, and aggravated assault against a household member as well as assault with the intent to commit a violent felony against a household member. It also includes stalking and sexual abuse acts. A household member includes a spouse, former spouse, an intimate partner in a dating or former dating relationship, someone you live with, a parent, stepparent, grandparent, or a co-parent whether you are married or not.

Assault is any type of threat or menacing conduct in which the victim feels that harm may occur. It does not have to include actual physical contact. Battery includes the use of force or unwanted touching of the victim. Both of these acts are generally charged as misdemeanors. Aggravated battery is the use of force against a victim which has the intent to harm. Where it doesn't result in great bodily injury or death, it is generally charged as a misdemeanor. Where it has caused bodily harm or where it may cause death or if committed with a deadly weapon, it is charged as a third-degree felony. Aggravated assault, which is a fourth-degree felony, involves using a deadly weapon against a household member or engaging in intentional assault in order to commit a felony. Assault with the intent to commit a violent felony generally includes the intention to commit murder, a sexual crime, kidnapping, false imprisonment, or other violence against the victim. It is charged as a third-degree felony.

Albuquerque Criminal Defense Attorney

Those convicted of domestic violence crimes may face jail time, fines, restitution, probation, and a domestic violence offender treatment program mandated by the courts. Depending on the nature of the charges, fines may run from $500 to $5,000. Those involved in domestic violence charges may also find themselves prohibited from any form of contact with the victim and / or any children involved through a court protective order. Domestic violence charges are often the result of exaggerated or false accusations. The accused in such cases should immediately seek legal assistance from an experienced attorney.

The Romero Law Firm, P.A. is a criminal defense firm based in Albuquerque that offers legal representation from a bilingual (Spanish) attorney with a decade of experience handling cases in the local courts. Attorney Romero is a proven trial lawyer who has gained the respect of the legal community as well as the clients he has served. He handles all types of criminal cases and offers a free case evaluation. Contact his firm or visit his website at www.romerolawfirm.com to get started.