Legal Question in Criminal Law in New Mexico

Was charged with Battery on a household member for supposedly "throwing a hamburger at her (girlfriend) face. I had the police take photos of my lip where she punched me, and my hands to show i made no physical contact with her. Plus I called the police to report it. Yet I go to jail.

Asked on 10/08/12, 7:52 pm

1 Answer from Attorneys

Salim Khayoumi Khayoumi Law Firm
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Since it doesn't seem like youíve asked a question regarding the domestic violence criminal charge of battery against a household member that you're facing Iíve gone ahead and quoted the defining NM criminal statute for the aforementioned charge.

Under NMSA 30-3-15 , "[...] Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner [and] [...] whoever commits battery against a household member is guilty of a misdemeanor[...]".

Beware of the degree of the charge (i.e. misdemeanor vs. felony). A person found guilty of BHHM, would lose certain civil liberties such as the right to bear arms. In addition, a conviction may also adversely affect a person's immigration status.

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10/08/12, 10:55 pm

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