Domestic Violence
The Khayoumi Law Firm aggressively protects the rights and freedom of our clients who have been accused of domestic violence related criminal charges. We know New Mexico’s domestic violence laws prosecution strategies and the best ways to prevent a domestic violence case from getting to the trial stage.
Domestic violence criminal charges are serious in New Mexico!!! Don’t be fooled by the misdemeanor classification that most domestic violence charges are “tagged” with. The future consequences and ramifications of a New Mexico domestic violence related conviction can be devastating. Call us today to speak with an attorney before it’s too late.
Common New Mexico DV Related Crimes:
Battery Against a Household Member (BHHM): §30-3-15
A) Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.
B) Whoever commits battery against a household member is guilty of a misdemeanor.
C) Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs.
D) Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but may not exceed two years. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation; provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years.
Assault Against a Household Member (AHHM): §30-3-12.
Assault against a household member consists of:
(1) an attempt to commit a battery against a household member; OR
(2) any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that he is in danger of receiving an immediate battery.
Whoever commits assault against a household member is guilty of a petty misdemeanor.
Harassment: §30-3A-2
A) Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.
B) Whoever commits harassment is guilty of a misdemeanor.
Criminal Damage to the Property of a Household Member: §30-3-18
A) Criminal damage to the property of a household member consists of intentionally damaging real, personal, community or jointly owned property of a household member with the intent to intimidate, threaten or harass that household member.
B) Whoever commits criminal damage to the property of a household member is guilty of a misdemeanor, except that when the damage to the household member’s interest in the property amounts to more than one thousand dollars ($1,000), the offender is guilty of a fourth degree felony.
C) Deprivation of the property of a household member consists of intentionally depriving a household member of the use of separate, community or jointly owned personal property of the household member with the intent to intimidate or threaten that household member.
D) Whoever commits deprivation of the property of a household member is guilty of a misdemeanor.
Stalking
A) Stalking consists of knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual.
B) As used in this section:
(1) “lawful authority” means within the scope of lawful employment or constitutionally protected activity; and
(2) “pattern of conduct” means two or more acts, on more than one occasion, in which the alleged stalker by any action, method, device or means, directly, indirectly or through third parties, follows, monitors, surveils, threatens or communicates to or about a person.
C) Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
D) In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of stalking to participate in and complete a program of professional counseling at the person’s own expense or a domestic violence offender treatment or intervention program.
Aggravated Stalking
A) Aggravated stalking consists of stalking perpetrated by a person:
(1) who knowingly violates a permanent or temporary order of protection issued by a court, except that mutual violations of such orders may constitute a defense to aggravated stalking;
(2) in violation of a court order setting conditions of release and bond;
(3) when the person is in possession of a deadly weapon; or
(4) when the victim is less than sixteen years of age.
B) Whoever commits aggravated stalking is guilty of a fourth degree felony. Upon a second or subsequent conviction, the offender is guilty of a third degree felony.
C) In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of aggravated stalking to participate in and complete a program of professional counseling at his own expense.
D) Whoever commits harassment is guilty of a misdemeanor.
Definition of “Domestic Violence”:
Domestic Violence: A pattern of coercive behavior that is used by a person against a household member, as defined in NMSA 30-3-11(A), to gain power and control over the other household member in the relationship. This behavior may include any of the following: physical violence, sexual abuse, emotional and psychological intimidation, verbal abuse and threats, stalking, isolation from friends and family, economic control, and destruction of personal property.
If you or someone you love has been charged with a domestic violence related charge, contact the Khayoumi Law Firm today for your free consultation… Call us at (505) 333-8613 or fill out the contact request form located on this page.
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