Albuquerque Domestic Violence Defense Lawyers Protect Your Reputation
Forceful representation for clients accused of abusing a spouse or family member
Domestic violence is a pervasive problem plaguing every strata of society, regardless of age, race, sex or economic status. In New Mexico, efforts to protect victims have resulted in aggressive measures being taken against of alleged abusers. However, overzealous prosecutors and judges can cause undue hardship for individuals who either are innocent or deserve more lenient treatment for momentary lapses of judgment and control. At Rasheed & Associates, P.C. in Albuquerque, we provide strong and well-orchestrated defenses to domestic violence charges to protect your freedom and your reputation.
What is domestic violence under New Mexico law?
Under New Mexico law, certain offenses are categorized as domestic violence when the alleged abuser is a member of the same household as the victim, which is defined by having one of these relationships:
- A current or former spouse
- A parent or former stepparent
- A parent-in-law
- A grandparent or a grandparent-in-law
- A parent of the alleged perpetrator’s child
- A person with whom the alleged perpetrator has had a dating or intimate relationship
Cohabitation is not necessary to be considered a household member. In addition, an alleged victim of domestic abuse can obtain an order of protection that keeps the targeted individual out of his or her home.
Domestic violence crimes and penalties in New Mexico
Under the New Mexico domestic violence statute, the following offenses can be charged:
- Assault against a household member — Threats or menacing conduct are sufficient for this petty misdemeanor offense. A violation does not require physical contact or physical harm. The penalty for a petty misdemeanor is up to six months in jail, a fine of up to $500 or both.
- Battery against a household member — Offensive touching or use of force can trigger this misdemeanor charge. The sentence can be as much as one year in jail, a fine of up to $1,000 or both.
- Aggravated battery against a household member — When physical contact or use of force is intended to harm a victim, the offense is aggravated battery. If the injury is not serious, the offense is a misdemeanor, drawing a sentence of up to one year in jail, a fine of up to $1,000 or both. However, the offense is a third-degree felony if committed with a deadly weapon or committed in a way in which great bodily harm or death can result. A third-degree felony is punishable by up to three years in prison and a fine of up to $5,000.
- Aggravated assault against a household member — This fourth-degree felony results when someone assaults or strikes at a household member with a deadly weapon or does so with the intent to commit a felony. A fourth-degree felony is punishable by up to 18 months in prison and a fine of up to $5,000.
- Assault against a household member with intent to commit a violent felony — This third-degree felony may be charged for intent to commit murder, mayhem, robbery, kidnapping, false imprisonment, burglary or rape. The sentence is as much as three years in prison and a fine of up to $5,000.
A first-time defendant convicted of a misdemeanor may receive less than the maximum sentence. However, the offender must complete a domestic violence offender treatment program. The law deals with repeat offenders more severely, which means that stiffer penalties than those listed are possible.
Since an arrest for domestic violence puts your entire future in jeopardy, it is to your advantage to retain an experienced criminal law attorney well-versed in assault and battery cases.
Contact us today for aggressive defense to domestic violence charges
Rasheed & Associates, P.C. provides strong and diligent representation to clients facing domestic violence charges in the Albuquerque area. Call us at 505-847-5205 or contact us online to arrange a free initial consultation. Our office is conveniently located in downtown Albuquerque at 1024 2nd Street N.W., just off Lomas Boulevard N.W.
