Las Cruces Sex Crimes Defense

Gavel and mallet for a trial.

Being accused of a sex crime in Las Cruces is serious. Prosecutors in New Mexico have an unfair advantage over the accused and vigorously pursue convictions. By working with an aggressive sex crimes attorney, you can protect your rights, freedom, and reputation.

At the Benjamin Law Firm, we have the skills and experience to defend sex crimes charges and a proven history of achieving positive outcomes. Lead attorney Brock Benjamin is a former prosecutor who possesses insight into the state’s tactics and stays one step ahead. You can depend on us to work in your best interests and stand by you every step of the way. Contact us today to discuss your case in confidence. 

Common Sex Crimes in Las Cruces

Sex crimes under New Mexico law include:

  • Rape (criminal sexual penetration “CSP”)
  • Attempted CSP
  • Spousal rape
  • Incest
  • Sexual assault
  • Sexual contact with a minor
  • Child molestation
  • Prostitution/solicitation

Most sex crimes in New Mexico are felonies – a conviction will result in significant penalties, including imprisonment, fines, probation, and mandatory registration as a sex offender. Sex offenses also carry collateral consequences, including losing your civil rights (e.g. the right to vote or to own or possess a firearm) and lasting reputational damage, which can negatively affect housing and employment opportunities. When your future is hanging in the balance, working with an experienced Las Cruces sex crimes attorney is imperative. 

Federal Sex Crimes Defense Attorney

Both state and federal courts can prosecute sex crimes. Generally, sex crimes in Las Cruces are elevated from state to federal offenses due to the severity and nature of the crime. Most sex crimes involving minor children are prosecuted federally and severely punished, including:

  • Child sexual assault and rape
  • Sexual exploitation of a child using coercion or bribery or enticing a minor to engage in sexually explicit conduct (e.g. child pornography)
  • Sexual abuse of a minor or ward
  • Purchase or sale of a child for sexual purposes
  • Possession or distribution of child pornography, including sharing actual or digital material, sexual text messages (“sexting”), and transmitting information about a minor

Aggravated sex crimes are also elevated to the federal level, such as:

  • Aggravated sexual abuse involves (1) using force, fear, threats of bodily injury, kidnapping, or death to coerce the victim to engage in unwanted sexual conduct or (2) illicitly providing drugs to an unknowing victim to render the victim unconscious for a sex act
  • Human trafficking – using force, fraud, or coercion to recruit, transport, harbor, provide, or other obtain a person for forced labor or commercial sex acts
  • Sexual abuse that results in death
  • Sexual crimes across state lines including (1) traveling to another state with the intent of engaging in a sexual crime or (2) buying or selling illicit sexual material (e.g. child pornography) across state lines
  • Sexual crimes that occur on federal land or territory, including military bases, reservations, national parks, federal prisons, institutions, and other facilities
  • Having a prior sex crimes conviction

A conviction for a federal sex crime often requires mandatory minimum sentencing, fines, probation, and national sex offender registration. 

At the Benjamin Law Firm. we have extensive experience defending clients in Las Cruces against state and federal sex crimes and will leverage our knowledge and skills to protect your rights. 

Defenses Against Sex Crimes

Being charged with a sex crime does not mean you will be automatically convicted. Working with an experienced Las Cruces sex crimes attorney can mean the difference between preserving and losing your freedom. You can trust our firm to choose the best line of defense, such as:

Lack of Evidence

We regularly collaborate with forensic experts and private investigators to challenge the accuracy of scientific evidence and exploit weaknesses in the government’s case. 


Sex crimes often hinge on whether or not the alleged victim gave consent. We will work to prove that the victim consented or that you reasonably believed they did so; however, we cannot assert this defense in sex crimes involving children because minors do not have the legal capacity to consent to sexual activity.


Entrapment may be a viable defense in cases involving child pornography if another party (e.g. the victim or law enforcement) tricked, baited, or coerced you into committing the crime. 

Mental capacity

Depending on the circumstances, we may be able to demonstrate that you lacked the mental capacity to make a sound decision at the time of the alleged sex offense.

We will work strategically to win a dismissal or acquittal; however, we will carefully weigh the evidence against you and advise you of options in your best interests. 

Contact Our Experienced Las Cruces Sex Crimes Attorney

Given the harsh consequences of a sex crime conviction, you need the powerful representation the Benjamin Law Firm provides. Contact our office today to learn how we can help. Se Habla Español.