Domestic Violence
The criminal justice system is fast-paced and complex. The foregoing explanation of potential consequences and how an attorney can assist you while facing an allegation for criminal domestic violence is non-exhaustive. Take advantage of a free initial case consultation with our firm today to learn more.
Potential Consequences:
In New Mexico, a conviction on a misdemeanor or felony crime of domestic violence is a very serious matter that will result in major consequences and cause your life serious hardship. Some consequences upon a conviction for a crime of domestic violence in New Mexico include the following:
(1). Up to one (1) year in county jail and a fine of up to $ 1,000.00, or both. Or, one (1) year of supervised probation or a combination of both jail and probation. You may also be ordered to attend and successfully complete counseling and treatment for issues such as battery intervention, anger management, impulse control, family relations and parenting skills, etc.
(2). If you are residing in New Mexico on an immigration status, an admission to guilt or trial conviction could be enough to trigger the deportation process or negatively affect your immigration status. If you are in New Mexico on immigration status while facing a criminal domestic violence allegation, it is highly advisable to retain an immigration attorney in addition to your criminal defense attorney so that they can work together to avoid or mitigate any immigration consequences resulting from your allegation.
(3). If you are convicted of a crime of domestic violence, you will be prohibited by both state and federal law from owning, transferring, possessing, and/or purchasing a firearm.
(4). If you are convicted of a crime of domestic violence, your employment opportunities will be detrimentally affected. Some employers bar employment from anybody with a criminal conviction of any sort or of a specific sort depending on the employer. However, a high percentage of employers bar employment from those convicted of a crime of domestic violence. This is especially true with professional jobs such as law enforcement, legal, medical, federal employment, state employment, city employment, and jobs requiring security clearance or the ability to carry a firearm.
(5). If you are currently going through a divorce and/or custody battle, or if you ever go through a divorce and/or custody battle, an allegation and/or conviction for a crime of domestic violence can negatively impact the dissolution of your marriage and can also negatively affect any child custody and visitation arrangements. If you are currently in the middle of a divorce and/or custody battle, we highly recommend retaining a family law attorney in conjunction with your criminal defense attorney to best represent your interests on both sides of the law.
(6). Depending on the entity and their respective policies and procedures, a conviction for a crime of domestic violence may also disqualify you from receiving certain school loans, private loans, and state or federal loans.
(7). A conviction for a crime of domestic violence may affect your eligibility to be accepted into certain housing developments depending on the requirements of the state, city, or private company who owns the property.
(8). For some domestic violence offenses, if you are convicted once, a second accusation could be charged as a felony.
How We Can Help:
Retaining a skilled attorney who understands the law behind criminal domestic violence and the applicable criminal procedure will help you navigate the daunting and understandably stressful process of criminal prosecution and ensure any potential consequences that could arise from your alleged act of domestic violence are mitigated or avoided altogether.
In New Mexico, domestic violence allegations are aggressively prosecuted due to the serious nature of the charge. Therefore, it is crucial to quickly retain an attorney who fully understands the seriousness and complexity of domestic violence allegations. When facing an allegation for domestic violence, your main focus must be geared towards avoiding a conviction on the underlying charge. Or, at the very least, mitigating any potential negative impacts a domestic violence conviction may have on your life.
As your strategic legal instrument, Mitchell Law Offices LLC will work tirelessly towards such a goal by, for example: (1). Aggressively engaging in the truth-finding process of discovery in your case by reviewing the evidence against you and interviewing witnesses; (2). Conducting independent investigative work; (3). Holding the State and/or City accountable to the U.S. and New Mexico Constitution; (4). Advocating on your behalf to avoid or reduce any potential jail time; (5). Advocating on your behalf to reduce probation time or level of supervision; (6). Arguing to mitigate any associated fines and fees; (7). Arguing for the dismissal or reduction of specific charges; (8). Zealously negotiating with the prosecutor to work out the best possible plea deal that is in your best interest under the circumstances of your case should you choose to accept a plea offer; (9). Engaging in strategic trial preparation should the case move forward to trial; (10). Arguing for the most beneficial adjudication of your case should your case go to sentencing after a finding of guilt; (11). And of course, by representing you at trial.
If you are found guilty of a criminal offense in New Mexico, at sentencing, you can receive either a conditional discharge, a deferred sentence, or a suspended sentence. A good criminal defense attorney will always fight for either a conditional discharge or a deferred sentence. For information on the differences between a conditional discharge, deferred sentence, and suspended sentence, please utilize the following link:
https://lawofficeofmitchell.com/faq