Domestic Violence/Assault or Battery Against a Household Member
There are many different types of domestic violence cases, but they all have one fact in common: The accused is charged with violence or threats against someone with whom they have or had a personal ongoing relationship.
In some of these cases, complicated dynamics exist that make the cases difficult for the prosecution to prove. Often the alleged victim does not wish to testify. Sometimes there are contradictory statements given by the alleged victim and/or there is a lack of any physical evidence to verify the alleged victim’s story.
The consequences of a Domestic Violence conviction can be life-long. Beyond the usual punishments that can include jail/prison time, a person convicted of domestic violence can loose his or her right to carry a firearm for life, and there can be immigration consequences for non-citizens.
A domestic violence case needs immediate attention from a criminal defense lawyer. Several things should get done right away including, dealing with bond/arrest issues, speaking to witnesses while the incident is still fresh in their memory, and documenting wounds to the person accused. Evidence not recorded quickly may disappear forever.
Below is a list of the various domestic violence charges in New Mexico and the maximum jail/prison time for the charge.
|Assault against a household member||6 months|
|Aggravated assault against a household member||18 months|
|Assault against a household member with intent to commit a violent felony||3 years|
|Battery against a household member||364 days|
|Aggravated Battery against a household member (not likely to cause death or great bodily harm)||364 days|
|Aggravated Battery (causing or likely to cause death or great bodily harm)||3 years|
|Multiple convictions of battery or aggravated battery against a household member||2 – 3 convictions = 18 months4+ convictions = 3 years|
|Criminal Damage to the property of household member||Damage less than or equal to $1,000 = 18 monthsDamage more than $1,000 = 3 years|
|Kidnapping||First Degree 18 yearsSecond Degree 9 years
|False Imprisonment||18 months|
The Lawyers at McGraw & Strickland have successfully litigated many domestic violence cases.