Domestic Violence & Battery on Household Member
Domestic violence (DV) can be charged in several ways. Assault on a household member (such as a spouse, live-in boyfriend or girlfriend, or immediate family member) is a petty misdemeanor. Battery against a household member is a misdemeanor which can carry up to 364 days in county jail. In New Mexico, “assault” means to threaten someone with immediate physical harm while “battery” means actual touching of the person in a rude or angry manner. (N.M. Stat. Ann. §§ 30-3-12, 30-3-15.)
If you are being accused of domestic violence, you need to hire an experienced DV lawyer. The district attorney has one or more special prosecutors assigned to handle only DV cases, and they are geared to proceed even when the alleged victim does not want to cooperate. If you have been accused of physically or mentally threatening someone close to you (e.g., a family member, boyfriend, girlfriend, or partner), you should contact an experienced local lawyer . DV lawyers can defend against false accusations of domestic violence which might otherwise put you at a disadvantage in divorce or child custody negotiations. Conviction for battery against a household member will result in a lifetime ban against owning firearms or ammunition and as a crime of violence would affect immigration rights. In cases where it does not make sense to gamble at trial, your attorney serves an important role in negotiating a plea agreement. As part of that agreement, it may be possible to pressure the prosecutor to accept a lesser offense such as simple battery, disorderly conduct or other conviction that does not result in these consequences or even to dismiss the charge with certain conditions. Often a part of the sentence will be DV counseling.
Representing Those Accused of Domestic Violence