If you are arrested for charges related to domestic violence, you may feel intimidated. Of course, dealing with the legal system is never a walk in the park. The difficult road ahead of you is one reason why you might consider hiring an attorney to combat the charges.
Each state has its own guidelines for domestic violence charges. Domestic violence in New Mexico may include physical harm, severe emotional distress, assault, threats of injury, criminal trespass, criminal property damage, and harassment.
If you are arrested for domestic violence, you should quickly become acquainted with New Mexico’s domestic violence laws and processes. This guide will help you get started.
Understanding Domestic Violence Arrests
Your arraignment will be your first appearance in court, during which you will hear orders from the judge. In domestic violence cases, a New Mexico judge will order that you do not have contact with the alleged victim. Typically, lawyers advise that you plead not guilty.
If you are ordered to have no contact with those alleging violence, you may have to move out of your current residence. In some cases, the judge will issue a protective order. Protective orders can set restrictions for abuse and stalking, but it can also award temporary custody of a child to one party.
You will be expected to stick to the terms of your bond, including any restraining orders. Failing to do so could mean that you will be arrested and detained until it is time for your trial.
Understanding Domestic Violence Laws
According to New Mexico law, domestic violence can be committed against any member of a household or a member of the family that is not a resident, including parents, children, spouses, ex-spouses, romantic partners, or roommates. Domestic violence laws also apply to those you have had an intimate or romantic relationship with, even if you don’t live together.
One major misconception about domestic violence charges is that they can be dropped immediately if the victim does not want to press charges. The decision is actually up to the legal system.
Several types of domestic violence charges exist. For instance, some cases are determined to be an assault against a household member, which is a petty misdemeanor and may include an attempt to batter rather than physical contact. Battery, a misdemeanor, includes physical contact. Aggravated battery, a felony, includes contact with a weapon or causing great bodily harm by any means.
Understanding Domestic Violence Consequences
If you are convicted of domestic violence in New Mexico, the consequences are steep. In addition to jail, prison, or fines, you may also be required to attend counseling sessions as part of a treatment program.
Petty misdemeanors are punishable by up to six months in jail and a fine of up to $500. Misdemeanor convictions mean up to one year of jail time and a fine of up to $1,000. On the other hand, felony assault is punishable by up to three years in prison and a fine of up to $5,000 depending on the degree.
Repeat offenders face steeper punishments. If you have been convicted of felonies in the past, a new felony conviction may be deemed more serious.
Understanding Domestic Violence Defense
To fight back against potential consequences associated with domestic violence charges, you need an attorney. Your lawyer is responsible for understanding and interpreting the law to provide you with a defense. Defense against domestic violence can be difficult, so you need professional representation.
The Law Office of W. Shane Jennings provides legal services for those facing domestic violence charges. We are compassionate and understanding while maintaining extraordinary legal expertise to help defend you against domestic violence accusations.