An Albuquerque Domestic Violence Attorney Discusses Abuse In The Home
The laws against domestic violence in New Mexico are specific and the penalties are severe. An Albuquerque domestic violence attorney outlines what they are in the paragraphs below.
What Constitutes Domestic Violence Or Abuse
This is harm or the threat of harm committed against someone to whom the defendant is related by blood or marriage, buy cialis or someone with whom the defendant is living or has been living. In New Mexico, discount domestic abuse includes violence against a significant other such as a fiancé or other live-in companion or partner. Parents, step-parents, grandparents, spouses or ex-spouses, children, co-parents and in-laws all fall into this category. (N.M. Stat. §30-3-11)
Specific Offenses
New Mexico law categorizes several types of offenses as domestic abuse or violence. All are acts committed against a person residing in the household, and are shown below from the least serious to the most serious:
• Assault. This involves threatening or trying to harm someone such that the victim is given cause to feel that physical harm is forthcoming. Under New Mexico law, assault against a household member is a petty misdemeanor.
• Battery. This is actual forceful physical contact between the defendant and the intended victim. It is classed as a misdemeanor.
• Aggravated battery. This is physical assault with intent to inflict pain or disfigurement. Whether the crime is a misdemeanor or a felony depends upon the degree of harm inflicted and whether or not the battery is committed using a deadly weapon. In the latter case, aggravated battery is a third degree felony. If no weapon is involved and the injuries are not serious or permanent, it is a misdemeanor.
• Aggravated assault. This is a fourth-degree felony that includes assault or battery committed with a deadly weapon. Deliberately striking someone in the household for the purpose of committing a felony also falls under this definition.
• Assault for the purpose of committing a violent felony. This is a third-degree felony and occurs during or with the intent to perpetrate a crime of violence such as abduction, robbery, sexual assault, murder, mayhem, burglary or false imprisonment. (N.M. Stat. §§ 30-3-12, 30-3-13, 30-3-14) Jail terms for misdemeanors range from six months to one year, with fines of $500 or less depending upon the degree of misdemeanor. Felonies carry eighteen month to three year jail terms and fines of $5000 or less depending upon the degree of felony committed. Counseling or rehabilitation treatment is required. Defendants with a history of repeated offenses will face third-degree felony charges after the fourth conviction. (N.M. Stat. §§ 31-18-15, 31-19-1, 30-3-15, 30-3-16)
Court Orders
Under New Mexico law, household members who have experienced or are in fear of domestic violence as described above may approach the court for an order of protection. The law also includes property damage or criminal trespassing, stalking and other forms of harassment, and violence or the threat of violence against minor children. (N.M. Stat. § 40-13-2)
Engage Experienced Legal Counsel
You should seek the advice of a skilled Albuquerque domestic violence attorney if you are accused of domestic violence. Contact the Khayoumi Law Firm by calling (505) 333-8613 today.
