Domestic Violence

Domestic Violence Lawyer in Albuquerque 

Highly Experienced Criminal Defense Representation in Bernalillo County, NM

New Mexico domestic violence laws involve a range of abusive behaviors perpetrated by one individual against another within a domestic setting. These “settings” include marriage, partnership, or familial relationships. The behavioral actions can be physical, emotional, psychological, or sexual. 

The state of New Mexico treats domestic violence as a serious criminal offense, with stringent laws and penalties designed to protect victims and prevent further harm. Because of the seriousness of these crimes, anyone accused needs immediate legal representation. 

Charges can be based on exaggeration, misrepresentation, falsehoods, and one party’s word against the other. These can devolve into “he said, she said” situations in which you can find yourself having to prove your innocence instead of the accuser having to prove your guilt. 

At Rudolph B. Chavez Attorney At Law, our criminal defense lawyer puts 40 years of professional experience to work for you in defending your case. It is essential to have legal representation as soon as possible; you may be able to avoid charges with early intervention. Our attorney can protect your rights, clear up misunderstandings, and take other actions on your behalf. 

Request a free case assessment with our Albuquerque domestic violence attorney at Rudolph B. Chavez Attorney At Law by calling (505) 390-7650. You can also email us using our online contact form for help. 

Who Can Be a Victim in New Mexico Domestic Violence?

The following individuals can be involved in domestic violence charges: 

  • Current and former spouses 
  • Current and former domestic partners
  • Parents
  • Current and former stepparents
  • Grandparents
  • Someone with whom you share a child regardless of marital status
  • Current and former dating partners
  • Household members
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Domestic Violence Crimes in New Mexico

The following are domestic violence crimes in our state: 

  • Assault against a household member:  This is the threat of violence towards a household member. It can be charged as a petty misdemeanor (up to six months jail, $500 fine) or a misdemeanor depending on the specifics (e.g., using a weapon).
  • Battery against a household member:  This is the unlawful touching or application of force to a household member in a rude, insolent, or angry manner. This is typically charged as a misdemeanor.
  • Aggravated battery against a household member:  This is similar to battery but with a greater severity of injury inflicted. The classification depends on the outcome:
    • Misdemeanor: If the injury causes temporary disfigurement or impairs body part use.
    • Third-degree felony: If the injury is great bodily harm, involves a deadly weapon, or has a high risk of great bodily harm or death.
  • Aggravated assault against a household member:  This is the threat of violence with the intent to inflict serious bodily injury. This is typically charged as a third-degree felony.
  • Assault against a household member with the intent to commit a felony:  This is the threat of violence with the intent to commit another felony against the alleged victim. This is charged as the felony corresponding to the intended crime.

Stalking, harassment, criminal trespass, sexual assault, and kidnapping can also be charged as domestic violence when they involve a family or household member. 

New Mexico Domestic Violence Penalties

Misdemeanors are punishable by up to a year in jail and fines of up to $1.000. Third-degree felonies are punishable by three years in prison and fines of up to $5,000. Fourth-degree felonies are punishable by up to eighteen months of prison time and fines of up to $5,000.

Additional penalties include mandatory treatment programs, lengthy probation, and community service hours. 

Treatment programs are typically ordered in several situations. If you are convicted of charges, especially for repeat offenses, the judge may order you to complete a batterer intervention program (BIP) as part of your sentence. 

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How Rudolph B. Chavez Attorney At Law Can Help 

Facing domestic violence charges can have profound and long-lasting consequences, including imprisonment, heavy fines, and a permanent criminal record. An experienced criminal defense attorney is crucial to protecting your rights and aggressively pursuing a fair result. Our Albuquerque domestic violence attorney can help by gathering evidence to build a robust defense, searching for and uncovering weaknesses in the prosecutor’s case, and working to discredit unfavorable evidence. 

He can seek to reduce charges or penalties by negotiating with the prosecutor or providing professional representation should your case go to trial. Increase your chances of the best possible outcome with legal help backed by the decades of experience you will find at our firm.

Learn more about your case and options by contacting us at (505) 390-7650 for legal help today. 

Why Clients Choose Us

When Your Future is On the Line, We're Here to Help
  • Client-Centered Approach
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  • Decades of Experience
    With over 40 years of legal experience, Attorney Chavez brings unparalleled knowledge to your defense.
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    No one should be without legal help due to financial constraints. He offers flexible payment options to make sure you receive the defense you deserve.
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    Get started on your case with a free consultation today. We are here to provide the initial guidance you need without any cost to you.
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