Statistically, New Mexico has a problem with domestic violence, so the State takes allegations very seriously.
If you have been accused of domestic violence, you will be charged. So, you will need a criminal defense attorney. Get the expert help you need from Simon A. Kubiak, Attorneys at Law, PC.
Domestic Violence Charges Are Mandatory
For most types of crimes, after an arrest, a person must appear before a judge at an arraignment hearing. The judge will make the determination as to whether or not sufficient evidence exists to make formal charges or excuse the person from further proceedings.
That is not the case for domestic violence. If domestic violence allegations are made, charges are mandatory. So, if you have been arrested for “battery against a household member,” you will be charged.
Types of Domestic Violence Charges
There are a number of domestic violence charges that may be made:
| Assault against a household member | Petty misdemeanor |
|---|---|
| Assault includes an attempt or threat to unlawfully touch or use force against a household member. | Up to $500 fine Up to 6 months in jail |
| Battery against a household member | Misdemeanor |
|---|---|
| Battery involves unlawful physical contact or application of force against a household member. | Up to $1,000 fine Up to one year in jail |
| Aggravated assault against a household member | Misdemeanor |
|---|---|
| Aggravated assault may involve the threat of force with a deadly weapon and/or assault with an intent to commit a violent felony. | Up to $1,000 fine Up to one year in jail |
If taken to trial, misdemeanor domestic violence charges are tried before a full jury. Petty misdemeanor domestic violence charges receive a bench trial, which is presided over by a judge only.
Domestic Violence Defense in Albuquerque
Even before domestic violence charges are made, you are subject to restrictive conditions.
- You may not be able to return to your home.
- You may not be able to speak to your spouse or significant other.
- You may not be able to see your children, or visitation is significantly limited, possibly supervised.
Once charges are made, you need to navigate the domestic violence process to fight to keep your record clean and restore a sense of normalcy to your family life. There are too many places for missteps in the domestic violence process, and violation of the conditions of your arrest release could land you in jail and prolong separation from your family.
Simon A. Kubiak, Attorneys at Law, PC provides the expert criminal defense you need as well as trusted counsel for any related civil matters, including a Temporary Protective Order or divorce case. We also provide you with the assurance of 24/7 access through voice and text.
Contact us to schedule a free initial consultation.