New Mexico Domestic Violence

Violent or abusive acts involving intimate partners or household members pose a unique threat to New Mexico families. In an effort to deter such acts of domestic violence, New Mexico has established strict domestic violence laws, which make it a crime to commit an assault or battery against a current or former spouse, family member or household member. If you have been accused of domestic violence in New Mexico, the best way to protect your rights and avoid a criminal conviction is to retain the services of a knowledgeable New Mexico attorney who specializes in domestic violence defense.

New Mexico Domestic Violence Crimes & Penalties

In New Mexico, acts of domestic violence are prohibited under the Crimes Against Household Members Act. For the purposes of this act, a “household member” means a current or former spouse, parent, current or former stepparent, current or former parent-in-law, grandparent, grandparent-in-law, a co-parent of a child, or any person with whom the defendant has had a continuing dating or intimate relationship (N.M. Stat. § 30-3-11). The alleged victim does not have to live with the defendant to be considered a household member of the defendant.

N.M. Stat. § 30-3-12 Assault Against a Household Member

A. 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.

The crime of assault against a household member (domestic assault) is a petty misdemeanor in New Mexico. If you are convicted of a violation of N.M. Stat. § 30-3-12, you could face a possible penalty of imprisonment in the county jail for up to six months and payment of up to $500 in fines.

N.M. Stat. § 30-3-13 Aggravated Assault Against a Household Member

A. Aggravated assault against a household member consists of:

(1) unlawfully assaulting or striking at a household member with a deadly weapon; or

(2) willfully and intentionally assaulting a household member with intent to commit any felony.

The crime of aggravated assault against a household member is a fourth-degree felony in New Mexico. If you are convicted of a violation of N.M. Stat. § 30-3-13, you could face a possible penalty of imprisonment in the state prison for up to 18 months and payment of up to $5,000 in fines.

N.M. Stat. § 30-3-14 Assault Against a Household Member with Intent to Commit a Felony

A. Assault against a household member with intent to commit a violent felony consists of any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery, kidnapping, false imprisonment or burglary.

The crime of assault against a household member with intent to commit a felony is a third-degree felony in New Mexico. If you are convicted of a violation of N.M. Stat. § 30-3-14, you could face a possible penalty of imprisonment in the state prison for up to three years and payment of up to $5,000 in fines.

N.M. Stat. § 30-3-15 Battery Against a Household Member

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.

The crime of battery against a household member (domestic battery) is a misdemeanor in New Mexico. If you are convicted of a violation of N.M. Stat. § 30-3-15, you could face a possible penalty of imprisonment in the county jail for up to one year and payment of up to $1,000 in fines. You may also be required to complete a domestic violence offender treatment or intervention program.

N.M. Stat. § 30-3-16 Aggravated Battery Against a Household Member

A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.

If the aggravated battery causes an injury that is not likely to cause death or great bodily harm to the alleged victim, the crime is a misdemeanor. If the aggravated battery is committed with a deadly weapon, by strangulation or suffocation, by inflicting great bodily harm or in any manner that is likely to result in great bodily harm or death, the crime is a third-degree felony. In addition to serving time in jail or prison for a violation of N.M. Stat. § 30-3-16, You may also be required to complete a domestic violence offender treatment or intervention program upon conviction.

N.M. Stat. § 30-3-18 Criminal Damage to Property of Household Member, Deprivation of Property of Household Member

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.

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.

In most cases, the crime of criminal damage to the property of a household member is a misdemeanor. However, if the damage to the household member’s interest in the property exceeds $1,000, the crime is a fourth-degree felony. Deprivation of the property of a household member is a misdemeanor crime in New Mexico.

Domestic Violence Orders of Protection

Under the Family Violence Protection Act, alleged victims of domestic violence in New Mexico can petition the court for an order for protection against abuse. An order of protection is a court order that orders the alleged offender (the respondent) to refrain from abusing the protected party (the petitioner). As part of a New Mexico order of protection, the court may, among other things:

Grant sole possession of the household to the petitioner,
Award temporary custody of any minor children to the petitioner,
Order the respondent to refrain from initiating contact with the petitioner,
Order the respondent to reimburse the petitioner for any expenses related to the act of domestic violence, including medical and counseling expenses, and
Order the respondent to participate in a counseling program.

A New Mexico Domestic Violence Defense Attorney Can Help

If you are facing criminal charges for domestic assault, domestic battery or criminal damage to the property of a household member, you need an attorney on your side who understands the intricacies of New Mexico’s domestic violence laws and how to maximize your chances of success. The best way to protect yourself against New Mexico domestic violence charges is to consult an experienced criminal defense lawyer as soon as possible after your arrest.