Domestic Violence Attorney in Doña Ana County
Facing A Domestic Violence Charge in the Borderland region? Call Us Now
If you were arrested or accused of domestic violence in Doña Ana County, you are facing serious criminal charges that can affect every part of your life. A conviction can bring jail time, a lasting record, strict court conditions, and long-term limits on your rights and relationships.
In this situation, you may feel that no one is listening to your side of the story. At Benjamin Law Firm, we defend people charged with crimes, and we treat every client according to the principle of presumed innocence. Our criminal defense team handles domestic violence cases in New Mexico courts and works to protect our clients’ freedom and future.
Protect your rights and your freedom by calling (915) 320-6730 or reaching out online for a free consultation with a domestic violence attorney in Doña Ana County. ¡Hablamos español!
Understanding Domestic Violence Laws in New Mexico
New Mexico governs these offenses primarily through the Crimes Against Household Members Act and the Family Violence Protection Act. Unlike standard battery, "Battery Against a Household Member" is specifically defined by the relationship between the parties.
Under NMSA § 30-3-11, a household member includes a spouse, former spouse, family member, co-parent, or someone with whom you have had a "continuing personal relationship" (dating).
The law recognizes several levels of domestic offenses:
- Assault Against a Household Member: An attempt to commit a battery or any unlawful act/threat that causes a household member to reasonably fear an immediate battery.
- Battery Against a Household Member: The unlawful, intentional touching or application of force to a household member in a rude, insolent, or angry manner.
- Aggravated Battery Against a Household Member: The unlawful touching or application of force with the specific intent to injure. This is escalated to a felony if it involves a deadly weapon or results in great bodily harm.
It is a common misconception that an alleged victim can "drop the charges." In New Mexico, once the police are called and an arrest is made, the State of New Mexico becomes the plaintiff.
Even if the other party recants or refuses to testify, the prosecutor may still move forward with the case using 911 recordings, medical records, or officer testimony. A Doña Ana County domestic violence attorney is essential to navigate this "no-drop" policy and fight for a dismissal.
Why Choose Our Defense Team
Our attorneys have handled more than 2,000 criminal cases, with a success rate that exceeds 90 percent, which reflects years spent in courtrooms dealing with serious accusations.
Attorney Brock Morgan Benjamin is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Board Certification is awarded to a small number of lawyers, and it reflects advanced training, tested knowledge, and substantial trial experience in criminal cases.
Mr. Benjamin is licensed to practice in Texas, New Mexico, and Arizona, and has been licensed in New Mexico since 2010. That matters in this border region, where clients sometimes face overlapping issues that cross state lines. It also means we are fully admitted to appear in New Mexico courts that handle domestic violence cases connected to this county.
Attorney Bryan Herrera, licensed in Texas since 2017, contributes additional trial and motion practice experience. Together, our attorneys focus on criminal defense and are committed to protecting clients’ rights with careful preparation and determined advocacy. Our firm is bilingual, we offer free and virtual consultations, and we approach every domestic violence case without judgment.
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Your Advocate in the Fight We Get Results
With thousands of cases handled and a 90% success rate, we consistently deliver favorable outcomes for our clients. From securing dismissals and reduced charges to winning acquittals in high-stakes jury trials, we fight relentlessly to protect your rights and freedom.
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Favorable Verdict Appealed Case
Affirmed suppression by Trial court - Ramon Astorga.
Appeals
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Favorable Verdict AV8RC v. Welch
Client sued for breach of contract. Plaintiff verdict for exact amount of claim and awarded attorney fees. Court document attached.
Plaintiff Representation
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Favorable Verdict Civil Trial
Breach of contract over an airplane, tried to jury. Jury found for plaintiff (client) (TX State)
Civil Litigation
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Indel Foods v. Dodson International
Plaintiff (client) won breach of contract and received damages for his airplane. Court reduced the feeds requested. Documents attached.
Aviation Law
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Favorable Verdict Indel v. Dodson
Client had a failed sale of an aircraft. The defendant buyer squatted on the title. We sued for a declaratory action and other claims. Case tried to a very favorable verdict for Plaintiff.
Plaintiff Representation
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Acquitted at Trial New Mexico v. De Los Santos
Acquittal by jury on assault on federal agent. Went from 8 years possible sentence to 1 year for the illegal entry.
Federal Crimes
.2409261311209.png "Avvo 10.0 Top Attorney")
What to Do After A Domestic Violence Arrest in Doña Ana
The hours and days after an arrest are confusing and stressful. You may have been removed from your home, told not to contact the other person, and given a court date in Las Cruces that is coming up quickly.
Here are practical steps you can take right away:
- Follow all release conditions and any order of protection, including no contact and stay away distances.
- Attend every court date listed on your paperwork and plan to be early to the courthouse in Las Cruces.
- Write down a detailed account of what happened while your memory is fresh, including names of witnesses and any prior incidents.
- Preserve text messages, voicemails, social media posts, and other information that might later help your defense.
- Avoid posting about the incident online or discussing your case in recorded calls, since those statements may be used in court.
- Contact a criminal defense lawyer to review the complaint and police reports with you before you speak to law enforcement again.
If you were charged with domestic violence in Doña Ana County, reaching out for legal help early gives your attorney more time to address bond issues, challenge weak evidence, and prepare for key hearings. Our team offers free consultations, and we can meet virtually if you are restricted by court orders or transportation concerns.
Frequently Asked Questions
Will I go to jail for a first domestic violence charge?
Jail is possible, but not automatic. The outcome depends on the specific charge, your record, the evidence, and the judge. In some cases, alternatives such as probation or other resolutions may be available. We review your situation and explain realistic options based on New Mexico law.
Can the alleged victim drop the charges in my case?
The accuser cannot personally drop the charges. In New Mexico, the decision to move forward belongs to the prosecutor. Even if the other person wants the case dismissed, the state may continue. Our attorneys can speak with you about how that affects strategy and what steps may still be available.
How will a domestic violence case affect my immigration status?
Certain domestic violence convictions can create serious immigration issues, including potential removal. The exact impact depends on your status and the specific offense. Because we practice in a border region, we are familiar with these concerns and can coordinate with immigration counsel when appropriate.
What should I do if there is a no-contact order?
You should follow the order exactly, even if the other person reaches out or you share children. Violating the order can lead to new charges and stricter conditions. We can discuss legal options for modifying orders through the court while still protecting your rights.
How We Defend Domestic Violence Cases
Domestic violence cases are rarely simple. They often involve long relationships, past arguments, and events that unfolded quickly under stress. At Benjamin Law Firm, we approach each case with the understanding that there are two sides to every story. Our goal is to make sure your side is heard and supported by careful legal work.
We start by obtaining and reviewing the charging documents, police reports, and any available body camera or dash camera footage. We listen to 911 recordings, examine photographs, and evaluate written or recorded statements. This close review helps us identify inconsistencies, missing context, or potential violations of your rights during the investigation or arrest.
Many domestic violence cases hinge on statements made in the heat of the moment, sometimes influenced by alcohol, fear, or anger. In other situations, the evidence may show mutual physical contact, self-defense, or that the alleged conduct did not occur as described. We work with you to understand the history of the relationship and to uncover witnesses or information that supports your account.
We discuss possible paths with you, such as challenging the case at preliminary hearings, seeking dismissal where the evidence is weak, pursuing reduced charges, or preparing for trial when that is the best option. In some situations, programs or counseling requirements may play a role in negotiation.
Throughout the process, we work to keep you informed about what is happening in court and what comes next. Our team communicates in English or Spanish, depending on your preference, and we strive to answer your questions clearly.
Talk To A Domestic Violence Lawyer
You do not have to face the criminal justice system alone. If you or a loved one has been charged with a domestic violence-related offense connected to Doña Ana County, the choices you make now can shape your record, your relationships, and your future opportunities. Speaking with a knowledgeable defense team can help you understand your options and reduce some of the uncertainty you are feeling.
At Benjamin Law Firm, our attorneys focus on criminal defense, have handled thousands of cases, and bring Board Certification and former prosecutor insight to serious charges. We are committed to treating clients with respect, explaining the process in clear terms, and protecting their rights at every stage of the case.
We offer free and confidential consultations, and we can meet virtually if that works better for you. Our team is bilingual, so Spanish-speaking clients can discuss sensitive details in the language that feels most comfortable. During your consultation, we can review your paperwork, explain what your next court date in Las Cruces means, and talk through potential strategies for moving forward.
If you are looking for a domestic violence lawyer in Doña Ana County who will listen to your side and work to defend it in court, we encourage you to reach out today.
Call (915) 320-6730 or reach out online to schedule your free consultation with our criminal defense team.
