In New Mexico, domestic violence allegations are taken very seriously. Domestic violence is criminalized in the Crimes Against Household Members Act, which makes it illegal to assault or commit a battery against a member of your household.
In New Mexico, a household member is a spouse or former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law and a co-parent of a child or a person with whom a person has a dating or intimate relationship. Cohabitation is not necessary to fit the definition of a household member.
A conviction for a domestic violence crime in New Mexico carries serious consequences, including jail time, fines, costs, mandatory counseling as well as other consequences such as the inability to possess a firearm or ammunition. This will make it impossible to continue or pursue careers in law enforcement or the military.
In many cases, an individual charged with domestic violence will simultaneously face a civil domestic violence restraining order. A domestic violence restraining order issued against you can limit your rights as a parent and homeowner. Experienced attorney Marc Grano can evaluate the allegations made against you and guide you on how to protect your rights.
What Types of Charges Could I Face?
Depending on the allegations, you may be facing a range of assault charges or lesser charges like stalking or telephone harassment. One of the most serious charges is a felony-level aggravated battery against a household member, which means the assailant intended to inflict great bodily harm, committed the battery with a deadly weapon, committed the act by strangulation or in a manner whereby great bodily harm or death could be inflicted. Felony level Aggravated Battery on a Household Member is a third-degree felony.
Additional child abuse charges may be filed if one or more of the alleged victims was a minor. You could also face weapons-related charges depending on the type of weapon allegedly used in the commission of the crime charged.