As of 2024, in the State of New Mexico, “domestic violence” is legally defined as a crime involving an act committed by one household or close family member against another, including past household members. The prohibited acts encompass a range of behaviors, such as:
- Inflicting severe emotional distress
- Causing bodily injury (assault or battery)
- Threatening imminent bodily harm
- Engaging in telephone harassment
- Causing harm or threatening harm to children
- Stalking
Several key statutes which govern domestic violence charges in New Mexico include:
- The Family Violence Protection Act
- The Crimes Against Household Members Act
- The Harassment and Stalking Act
Comprehending and applying these statutes is pivotal in domestic violence cases. The potential penalties for domestic violence charges vary, based on factors such as the severity of injuries sustained and which trial court handles the case:
- Petty misdemeanor: Up to six months in jail and a fine up to $500
- Misdemeanor: Up to one year in jail and a fine up to $1,000
- Fourth-degree felony: Up to 18 months in jail and a fine up to $5,000
- Third-degree felony: Up to three years in jail and a fine up to $5,000
Additionally, if convicted, the judge may impose probation conditions, such as mandatory counseling and treatment programs or stricter penalties for repeat offenders. Conviction for domestic violence in New Mexico results in the loss of firearm ownership and carrying privileges.
There are various defense strategies for domestic violence cases and these are dependent on the facts of each case and the information gathered by law enforcement at the time of the investigation. Frechette and Associates will review the case with you in detail, so you can evaluate all your options and make well-informed decisions about how to proceed.
A domestic violence conviction carries significant consequences, impacting various aspects of your life. Frechette & Associates possesses the requisite skills and expertise to support you throughout the legal process. From gathering pre-trial information from the prosecution to interviewing witnesses and formulating the most effective legal strategy, we are committed to advocating for your rights and protecting your interests.