Domestic Violence Attorney in Bernalillo County
When you need a domestic violence attorney in Bernalillo County, you deserve dedicated legal guidance and strong advocacy. At Benjamin Law Firm, we support individuals across New Mexico by offering clear strategies, respectful communication, and steadfast attention to every detail. Our attorneys help you protect your rights and approach your case with confidence, even in stressful situations.
We start by listening to your circumstances and explaining what you can expect from the process before moving forward. Local courts in Bernalillo County apply specific procedures to domestic violence matters, which shape decisions and timelines. This regional understanding drives our approach, ensuring that every recommendation fits your needs and the court’s requirements.
Protect your rights and your future. Contact our firm online or call (915) 320-6730 or reach out online. As your Bernalillo County domestic violence lawyer, we provide strategic defense, free consultations and bilingual services. We are here to fight for you.
Understanding New Mexico’s Domestic Violence Laws
New Mexico law approaches domestic offenses with a specialized framework under the Crimes Against Household Members Act and related statutes. A charge of domestic violence is not a crime by itself; rather, it is an ordinary crime, such as assault, battery, or criminal damage, that is committed against a household member. This is a critical distinction that elevates the seriousness of the charge and triggers mandatory, enhanced penalties.
Who is a "Household Member" in New Mexico?
For a criminal charge to be designated a domestic violence offense in Bernalillo County, the alleged victim must fall into one of the categories defined in the New Mexico Statutes. This definition is broad and extends beyond just married couples:
- A spouse or former spouse.
- A parent, present or former stepparent, or present or former parent-in-law.
- A grandparent or grandparent-in-law.
- A co-parent of a child.
- A person with whom the defendant has had a continuing personal relationship, which includes dating relationships.
Key Criminal Statutes Used in Domestic Violence Cases
The severity of the charge depends on the actions alleged. As your experienced Bernalillo County domestic violence lawyer, we defend against charges ranging from petty misdemeanors to serious felonies:
- Assault Against a Household Member (NMSA $\S$ 30-3-12): This is a petty misdemeanor. It does not require physical contact, only an attempt to commit a battery or any unlawful act, threat, or menacing conduct that causes the household member to reasonably believe they are in danger of receiving an immediate battery.
- Battery Against a Household Member (NMSA $\S$ 30-3-15): This is a misdemeanor. It involves the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent, or angry manner.
- Aggravated Assault/Battery Against a Household Member (NMSA $\S$ 30-3-13/30-3-16): These charges elevate to felony status, particularly if a deadly weapon was used or serious bodily harm was inflicted.
Your Advocates in the Fight Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
-
Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
-
Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
-
Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
-
Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Our Comprehensive Approach to Domestic Violence Defense
At Benjamin Law Firm, we believe the best defense is built on proactive investigation and strategic legal challenge. As your Bernalillo County domestic violence lawyer, we tailor our defense strategy to the unique circumstances of your case, recognizing that these charges often arise from highly emotional situations, misunderstandings, or even false allegations.
We employ defense strategies designed to counter the most common weaknesses in the prosecution's case:
- Self-Defense: New Mexico law recognizes the right to use reasonable force to defend oneself or another person. We thoroughly investigate the facts to determine if the alleged act of aggression was actually a legitimate act of self-preservation.
- Challenging Credibility and Motive: In domestic disputes, allegations can be weaponized in divorce or child custody battles. We uncover and present evidence of any motive the complaining witness may have had to fabricate or exaggerate the claims.
- Lack of Intent: For a battery conviction, the State must prove your touching was intentional and done in a rude, insolent, or angry manner. We argue that the contact was accidental, mistaken, or entirely lacking the requisite criminal intent.
- Police Misconduct: We ensure your Fourth Amendment rights were respected. If the police entered your home without a warrant, or conducted an illegal search or seizure, we move to suppress any evidence obtained as a result.
Our commitment is to be the most rigorous and capable domestic violence attorney in Bernalillo County, utilizing our advanced legal certification and deep local court knowledge to secure the best result.
Why People in Bernalillo County Choose Our Domestic Violence Lawyers
Legal challenges require more than preparation—they demand deep experience. Our team draws on a history of over 2,000 criminal defense cases, supported by a record built on commitment and client trust. With board certification in Criminal Law, our attorneys know both New Mexico and Texas courts. Clients rely on our straightforward guidance, open communication, and practical solutions in every stage of their case.
- Experience you can count on: Our attorneys have handled thousands of criminal cases, navigating courtroom systems in New Mexico and beyond.
- Credentials that matter: Board Certification in Criminal Law and a strong record in Bernalillo County courtroom defense set us apart.
- Clear advocacy: We use bilingual services to ensure every client has access to the legal support they need, regardless of background.
- Personalized attention: We invest in every case, adapting our defense approach to your unique situation and the facts at hand.
Trust matters, especially when the outcome affects your family, career, and reputation. We make ourselves available to explain how your case will move through the system and answer the questions you may not even know to ask. When you work with Benjamin Law Firm, you stay informed from start to finish. We believe that support means more than legal strategies—it means having an ally by your side each step of the way.
Contact Our Bernalillo County Domestic Violence Defense Team
If you need a domestic violence attorney in Bernalillo County, take the first step by contacting Benjamin Law Firm today. Our attorneys guide you through the process, explain your rights, and empower you with clear next steps. With extensive courtroom experience, board certification in Criminal Law, and bilingual services, our team is committed to helping you move forward with clarity and peace of mind. Schedule a confidential consultation to get answers and feel confident about your options.
Call us at (915) 320-6730 or contact us online to start your consultation now.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
How Our Domestic Violence Attorneys Approach Defense in Bernalillo County
Every domestic violence attorney in Bernalillo County at our firm approaches defense work with care and thorough preparation. We understand the unique considerations local courts require in these matters and respond to each case with the respect it deserves.
Because we practice throughout New Mexico, we stay updated on any changes that could impact your defense, whether you're in Albuquerque, Rio Rancho, or smaller communities nearby.
Our team knows how courthouse staff, judges, and opposing counsel in the area work, letting us anticipate concerns and prepare tailored responses for each stage.
- Prompt case review: We assess your charges quickly and develop a defense plan grounded in New Mexico law.
- Knowledge of local courts: Our attorneys have extensive experience representing clients throughout Bernalillo County, with an understanding of how local judges oversee proceedings.
- Client-centered advocacy: We help keep you on track for court appearances, explain the impact of protective orders, and clarify each significant requirement.
We recognize that every domestic violence case in Bernalillo County presents unique facts, obligations, and risks. As you face each new development, we offer ongoing guidance, confidentiality, and a partnership approach that puts your needs first.
Need a domestic violence attorney in Bernalillo County? Choose the proven skill of a Certified Criminal Law Specialist. Call (915) 320-6730 or reach out online for a free consultation and access to bilingual services today.
-
"They'll Take Care of You"
He is always there to provide you with information. He makes a great argument in the courtroom. Listen to his counsel and you can have peace of mind knowing that Brock Benjamin will take care of you.- Former Client -
"Results Speak for Themselves"
Brock is a very capable and experienced attorney. I got a complete dismissal for my family violence charge. He has a respectable relationship with the courts, attributing to success for his clients.- Joshua J.
