Top Belen, NM Domestic Violence - Criminal Lawyers Near You
500 Marquette Avenue NW, Suite 1286, Albuquerque, NM 87102
320 Gold Ave. SW, Suite 1111, Albuquerque, NM 87102
201 Third Street N.W., Suite 1800, Albuquerque, NM 87102
5501 Eagle Rock Ave NE, Suite C2, Albuquerque, NM 87113
500 Marquette Ave NW, Suite 1200, Albuquerque, NM 87102
20 First Plaza NW, Suite 725, PO Box 25245, Albuquerque, NM 87125
4801 Lang NE, Suite 110, Albuquerque, NM 87109
500 Fourth St. NW, Suite 400, Albuquerque, NM 87102
1905 Wyoming NE, Albuquerque, NM 87112
1008 5th St NW, Albuquerque, NM 87102-2141
507 Roma NW, Albuquerque, NM 87102
1011 Lomas Blvd NW, Albuquerque, NM 87102-1952
500 Marquette Avenue NW, Suite 1200, Albuquerque, NM 87102
2701 Arizona Street NE, Albuquerque, NM 87110
2155 Louisiana Boulevard NE, Suite 10400, Albuquerque, NM 87110
6501 Americas Parkway NE, Suite 670, Albuquerque, NM 87110
1011 Lomas Blvd NW, Albuquerque, NM 87102
500 Tijeras Ave NW, Albuquerque, NM 87102
1804 Lomas BLVD NW, Albuquerque, NM 87104
500 Marquette Avenue NW, Suite 200, Albuquerque, NM 87102
PO Box 9901, Albuquerque, NM 87119
1171 Montoya Rd, Bernalillo, NM 87004
818 5th Street SW, Albuquerque, NM 87102
901 3rd St NW, Suite A, Albuquerque, NM 87102
620 Roma Ave NW, Albuquerque, NM 87102
Belen Domestic Violence - Criminal Information
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What Is Criminal Domestic Violence?
Criminal domestic violence occurs when a spouse or partner commits an act (or willfully threatens with the reasonable capacity to commit an act) of violence against the victim. Sexual abuse, spousal rape, intimate partner violence, battery and assault are all in territory nearby to criminal domestic violence, and charges spurring from such allegations often take these forms as well.
Under the expanded protections afforded to victims of domestic violence via the 1994 Violence Against Women Act (VAWA), emotional abuse, economic abuse (controlling finances to control behavior and force compliance from the victim) and psychological abuse can all be considered to be forms of domestic violence.
What Is The Difference Between Civil vs. Criminal Domestic Violence?
While criminal domestic violence, and charges pertaining to any number of offenses beneath that legal umbrella, are heard in criminal court, there are civil remedies available.
Civil courts are generally called upon, in alleged situations of domestic violence, to produce a restraining or protective order in favor of the alleged victim. Such an order may call for the defendant to maintain a physical distance from the victim and other family members, and violation of this civil order can result in immediate criminal charges.
Criminal domestic violence cases have a much higher burden of proof to clear. The onus is placed on the plaintiff to prove beyond any reasonable doubt that acts of abuse did occur. Civil courts have a much lower standard of proof in terms of awarding protective orders or restraining orders, but it is a common defensive strategy employed by alleged victims to set such boundaries before proceeding to a criminal case if deemed necessary.
Is Criminal Domestic Violence a Felony?
Acts of criminal domestic violence can be charged as either felonies or misdemeanors, depending on the specific nature of the charges as well as the jurisdiction. Cases heard in federal court are almost always prosecuted as felony charges.
At the state level, domestic violence charges can range from misdemeanor offenses to felony offenses. In some states, both third degree and second degree domestic violence charges are classified as misdemeanors, with first degree domestic violence and domestic violence of a high and aggravated nature (DVHAN) being classified as felonies.
It should be mentioned that domestic violence charges could also be classified as sexual abuse, battery, aggravated battery, or similar, rather than as strictly related to domestic violence.
What Is the Penalty for First-Degree Criminal Domestic Violence?
Federal domestic violence charges typically relate to the underpinning crime, although protections afforded via VAWA allow for additional charges to be appended to larger offenses. Battery, aggravated battery and sexual abuse charges can lead to 20 years to life in prison if you are found guilty of more serious offenses.
At the state level, punishments in response to first-degree (or aggravated) criminal domestic violence typically range from two years behind bars to up to 10 years imprisonment.
What Are Other Penalties for Criminal Domestic Violence?
With third and second degree domestic abuse charges being more common than first-degree or aggravated domestic abuse charges, penalties are less severe than those listed above. Domestic battery is sometimes listed as a first degree misdemeanor with a potential punishment, for those found guilty, of up to one year in county jail. Probation and a fine of up to $1,000 may also be a penalty for domestic violence.
How Can a Lawyer Help With Criminal Domestic Violence Charges in New Mexico?
All charges of domestic violence — felony or misdemeanor — should be taken seriously. A conviction could result in a sizable jail or prison sentence in addition to substantial fines and restitution.
An experienced criminal defense attorney familiar with case law pertaining to domestic violence can help guide you through the facts and discuss the material evidence to craft the best case possible.
An attorney can also often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors.