Las Cruces Criminal Defense Attorney

Benjamin Law Firm is a premier criminal defense practice representing clients in Las Cruces, New Mexico. Founding attorney Brock Benjamin is a highly regarded, dedicated advocate who provides his clients with powerful representation against a variety of criminal offenses. 

Mr. Benjamin has considerable experience in criminal law. As a former Texas prosecutor, he gained an insider’s view of the tactics the government uses to attempt to gain convictions, which he leverages to design winning criminal defense strategies. He has assembled a legal team with a proven history of achieving successful outcomes in state and federal court.

Being accused of a crime in New Mexico is a serious matter and a conviction can have lasting repercussions. In addition to a potentially lengthy prison sentence, the damage to your reputation will limit your employment and housing prospects. A felony conviction means forfeiting some of your civil rights, including the right to vote and the right to possess or carry a weapon. 

When your future is hanging in the balance, it is crucial to have an experienced criminal defense lawyer in your corner. Working with Benjamin Law Firm can mean the difference between a lengthy prison sentence and preserving your freedom. Contact our office today to discuss your case with one of our experienced Las Cruces criminal defense attorneys.

Common Criminal Offenses in Las Cruces, New Mexico

The latest statistics show that Las Cruces has a crime rate of about 40 per 1,000 residents, one of the highest crime rates in the nation. Due to the rise in robbery, assault, property crimes and other offenses, law enforcement and prosecutors in New Mexico are taking a tough on crime stance. Armed with vast financial resources, aggressive investigative tactics and broad surveillance powers, the government has an unfair advantage over criminal defendants. 

At Benjamin Law Firm, we have the skills and experience to level the playing field. We regularly defend clients against a wide range of misdemeanor and felony charges, including:

  • Assault
  • Drug Crimes 
  • Domestic violence
  • Sex crimes
  • Theft crimes
  • Homicide
  • Fraud
  • White-collar crime

Above all, our experienced New Mexico criminal defense attorneys will vigorously fight to protect your rights, preserve your freedom, and help to restore your reputation. 

At Benjamin Law Firm, We Design Innovative Criminal Defense Strategies

Our legal team will move into action as soon as you contact us and represent you at your arraignment — the first court appearance at which you are formally charged and bail is set. We will work to secure your release so that you are better able to directly participate in your defense.

From there, a successful criminal defense strategy depends on effective pretrial work, which involves preparation, investigation and evidence collection. New Mexico is unique in that we are allowed in New Mexico state cases to interview officers as a right, unlike federal or Texas state cases..

We will also obtain and review a copy of the police report to ascertain their side of the story, as well as to identify potential errors or police misconduct. If the police failed to recite the Miranda Warnings (“you have a right to remain silent…”) or seized evidence from your home or car without a proper search warrant, for example, we will move to have the evidence suppressed, which means the charges may be dismissed. 

By collaborating with a respected network of independent investigators and forensic experts, we will work to collect and preserve evidence so that we are prepared to challenge the state’s case. We will assert any and all viable defenses, based on the type of charges you are facing. 

As an example, if you have been charged with assault, one of the strongest defenses is to have an alibi — proof that you were not at the scene when the alleged crime was committed. Given that eyewitnesses are often unreliable, according to numerous studies, we may also be able to show that you were the victim of mistaken identity. 

At trial, our legal team will:

  • Challenge the validity of the prosecution’s evidence
  • Thoroughly cross-examine the state’s witnesses to expose inconsistencies
  • Call witnesses in your defense
  • Present evidence of your innocence
  • Offer alternative theories of the crime

Our experienced New Mexico criminal defense attorneys will work to have the charges dismissed or to win an acquittal. At the same time, we will carefully weigh the strength of the state’s evidence against you and consider your alternatives. Depending on the circumstances, we may seek to have the charges and penalties reduced. 

Finally, if the state gains a conviction, we will determine whether you have a legal basis for an appeal (e.g. mistakes of fact or law by the prosecution or judge). No matter what charges you are facing, you can depend on Benjamin Law Firm to stand by you every step of the way.

Las Cruces, New Mexico Drug Crimes Defense Attorneys

Given the fact that the state shares a porous border with Mexico, law enforcement and prosecutors focus much of their attention and resources on drug crimes. Being convicted of a drug-related offense in New Mexico, even a simple marijuana possession charge, can have collateral consequences that may affect your:

  • Employment prospects
  • Housing opportunities
  • Eligibility for student loans
  • Immigration status

The penalties for drug crimes are based on the type and quantity of drug; the potential consequences of a conviction makes it crucial to work with our experienced New Mexico drug crimes lawyers. Benjamin Law Firm handles drug-related offenses ranging from state-level drug crimes, such as possession of a controlled substance, to federal drug trafficking offenses, punishable by up to life in prison. A little known fact and tactic thankfully not used is that federal drug charges can allow a capital prosecution.

Licensed to practice in both Texas and New Mexico, Brock Benjamin is knowledgeable in the applicable state and federal narcotics laws that come into play in cross-border drug offenses. He leverages his experience as a prosecutor and criminal defense attorney to challenge lab results, police reports, witness statements, and any other evidence to refute the government’s case. 

If you have been charged with a drug crime in New Mexico, you need the informed representation we provide. Our legal team stands ready to vigorously defend your drug crime charges in state and federal court. We are highly adept at all phases of criminal proceedings, starting with pretrial investigations and discovery — an analysis of the prosecution’s evidence. 

When you work with our experienced Las Cruces drug crimes attorneys, you will be better able to navigate the criminal justice system. We encourage your participation in your defense and are always available to respond to your questions and concerns. Above all, we will provide you with trustworthy advice and guidance so that you can make informed decisions about your future.

Las Cruces Sex Crime Lawyers

Being charged with a sex crime in New Mexico is a serious matter that can not only jeopardize your freedom, but also permanently damage your reputation. Even an accusation of sexual misconduct exposes you to overwhelming scrutiny in the court of public opinion. 

When your future and your good name are on the line, that’s the time to call Benjamin Law Firm. We know that just being charged with a sex crime like rape or child molestation is enough to permanently destroy a person’s reputation. 

Our experienced Las Cruces sex crimes attorneys will not only vigorously defend you against the charges but also help you exonerate yourself. We bring to bear significant legal knowledge and trial skills, which makes us formidable opponents in state and federal court. We will work to help you achieve the best possible outcome for your situation — winning an acquittal. 

At the same time, we will be frank in our assessment of your case and may recommend seeking a plea bargain to reduce the charges and penalties. Above all, we will always put your best interests first and work to protect your rights and your good name.

Types of Sex Crimes in Las Cruces, New Mexico

A sex crime occurs when a person is subjected to unwanted sexual contact. In fact, you can be charged with a sex crime if a person changes his or her mind during a sexual act or when someone falsely accuses you of sexual misconduct. This is where Benjamin Law Firm comes in. 

We will explain the charges against you, help you prepare for the court proceedings, and choose the best line of defense.  Our criminal defense attorneys are highly experienced in handling a wide range of sex crimes, including:

  • Rape
  • Criminal Sexual Penetration, Criminal Sexual Contact  or “Sexual assault”
  • Child molestation
  • Child pornography
  • Indecent exposure
  • Prostitution/solication

Regardless of the charges you are facing, our Las Cruces sex crimes attorneys start by presuming that you are innocent and work tirelessly to protect your rights and your freedom. 

Las Cruces Criminal Fraud Defense Lawyers 

Fraud is becoming a common criminal offense in Las Cruces and defendants face significant penalties for a conviction, including imprisonment, fines, probation, and restitution. In addition, fraud crimes in New Mexico are often charged at the federal level which poses the potential of far stricter punishments. If you are facing state or federal fraud charges, you need the informed representation Benjamin Law Firm provides.

Founding attorney Brock Benjamin is a highly respected criminal fraud defense attorney with a proven history of successfully trying cases in state and federal court. As a former prosecutor, he understands the aggressive investigative tactics and broad surveillance powers the government uses to pursue criminal fraud cases. He puts this insight to use to gain a strategic advantage and stay one step ahead of the prosecution. When your freedom and your future are in jeopardy, Benjamin Law Firm is the experienced choice in criminal fraud defense.

What is fraud?

Fraud occurs when an individual or entity deliberately deceives someone to (1) unlawfully obtain something of value (e.g. money, property) or (2) deprive the victim of a legal right. Our Las Cruces criminal defense attorneys regularly handle all types of misdemeanor and felony fraud crimes, including:

  • Bankruptcy fraud
  • Bank fraud
  • Check fraud
  • Credit card fraud
  • Forgery
  • Healthcare fraud (Medicare/Medicaid fraud)
  • Identity theft
  • Insurance fraud
  • Mail fraud
  • Mortgage fraud
  • Telemarketing fraud
  • Wire fraud

Regardless of whether you have been accused of forgery, writing bad checks, credit/debit card fraud, making false statements to obtain something of value or any other fraud crime in New Mexico, Benjamin Law Firm stands ready to defend you. 

Federal Fraud Crimes in Las Cruces

Federal fraud crimes, particularly mail fraud, are also common in New Mexico. In short, using the U.S. mail or a private interstate carrier to engage in fraudulent activity is illegal. 

As an example, mailing contracts, receipts or any communications related to a fraudulent scheme constitutes mail fraud, which is punishable by fines and up to 20 years in federal prison. The penalties are elevated to up to 30 years in prison and up to $1 million in fines if the offense involves a financial institution, benefits related to a federally declared disaster or emergency, or other special circumstances.

Similarly, wire fraud is a federal offense that involves the use of wire, radio, or television communications in interstate or foreign commerce to engage in fraud. The law defines communications broadly to include any writings, signals, pictures or sounds. Interstate wire communications can involve telephone calls, or other e-communications (e.g. fax machines, the internet, television); a common example of wire fraud via the phone is telemarketing fraud.

Wire fraud is punishable by up to 20 years in prison and fines up to $250,000 (an organization may be fined up to $500,000). The penalties are elevated for the same special circumstances that apply to mail fraud.

Because federal fraud cases often involve multiple agencies such as the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Internal Revenue Service (IRS) that collaborate with state prosecutors in investigations and prosecutions, defendants are at  a significant disadvantage. 

With Benjamin Law Firm on your side, you can turn the tables and secure your freedom. If you are facing criminal fraud charges in New Mexico, don’t delay. The sooner you contact our office the sooner we can start building a line of defense.  

Las Cruces White Collar Crimes Defense Lawyers

While violent crimes, drug crimes and sex crimes are frequently in the spotlight in New Mexico, white-collar crimes are also zealously prosecuted by the state and federal government. The New Mexico Attorney General has jurisdiction over fraud crimes in conjunction with the DOJ, FBI, IRS, and other federal authorities.

Benjamin Law Firm regularly handles white collar crimes throughout Texas and New Mexico. Founding attorney Brock Benjamin is a seasoned criminal defense lawyer attorney with a working knowledge of state and federal fraud laws and mastery of courtroom strategy. Mr. Benjamin’s background as a prosecutor lends itself to successful outcomes in defending clients against white-collar crimes. When you consult us, our dedicated advocates will be on your side, fighting for your freedom and your future. 

What is white-collar crime?

A white-collar crime is a nonviolent, financially motivated offense involving elements alleging deceit, concealment, and a violation of trust. Together, these elements constitute fraud. Whether the defendant is an individual, a business, an executive, or an employee, it takes a highly skilled New Mexico white collar crimes lawyer to achieve the best outcome. 

At Benjamin Law Firm, we design innovative legal strategies against a wide range of white-collar crimes, such as:

  • Bank Fraud
  • Credit Card Fraud
  • Embezzlement
  • Insurance Fraud
  • Money Laundering
  • Mortgage Fraud
  • Mail Fraud/Wire Fraud

Additionally, in federal white-collar crimes, the government will likely bring charges under the Racketeer Influenced and Corrupt Organizations Act (RICO). Moreover, in technology-driven white-collar crimes, charges may also be brought under the Patriot Act, a counter-terrorism law often used in computer, internet, cybercrimes, and money laundering cases. In short, a conviction for a state or federal white-collar crime in New Mexico will result in harsh penalties including lengthy imprisonment, fines, asset forfeiture, and restitution.

Benjamin Law Firm has the knowledge, skills, and experience to defend you. We routinely collaborate with a network of private investigators and use state-of-the-art legal technology to handle the vast amounts of evidence (e.g. documents, data, and bank records) typically associated with fraud cases. Our experienced New Mexico white collar crimes attorneys will:

  • Expose errors and flaws in the government’s case
  • Determine whether your civil rights have been violated (e.g. improper surveillance, failing to obtain valid search warrants from the court)
  • File the necessary motions to suppress any evidence that was improperly seized
  • Represent you in court
  • Cross-examine witnesses
  • Present evidence of your innocence

In a white-collar crime case, the strongest defense is to show a lack of intent because prosecutors must be able to prove beyond a reasonable doubt that you intended to commit fraud. Another potential defense is to show that you did not know, or were not capable of knowing, you had engaged in fraud. In rare cases, it may also be possible to argue that you were coerced into committing fraud, which is a typical line of defense in forgery cases. Regardless of the white-collar crimes charges you are facing, our legal team will vigorously defend you.

Contact Our Experienced Las Cruces, New Mexico Criminal Defense Attorneys 

If you have been charged with a crime in New Mexico, you probably have concerns about going to prison, losing your rights, damaging your reputation and forever altering the course of your life. 

Benjamin Law Firm can help to address these concerns by providing you with aggressive representation and keen legal insights. Our team of seasoned trial lawyers has a passion for fighting for the rights of the accused and will make your freedom our priority. 

By working with our experienced Las Cruces criminal defense lawyers, you will have peace of mind knowing that our dedicated advocates are in your corner. If your rights and your future are on the line, don’t delay. Contact our office for a free consultation today. Se Habla Espanol.