New Mexico - Domestic Violence

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Dealing with the charges of domestic violence can be scary for anyone who is involved in them. There are a lot of charges that could fit under this kind of category, but all of them could make your life difficult. If you are charged with domestic violence, it is important to find the right criminal defense lawyer is able to help you out. There are a number of defenses that are going to help with these charges, but you need to get a professional on your side who can help you understand your rights and the things you are able to do to get the penalties reduced and even taken away.

Defense of Others

In some cases, you may have to use force against a member of your family in order to protect others in the household from getting hurt or injured. This could happen if one person got drunk and started waving around a gun or knife and you went to fight them to protect the others in the home. If you qualify for this kind of defense, your criminal defense lawyer will be able to help you get things in order to get off the hook.

Endangering Children

As a protection of your religious freedoms, it is possible to use prayer as a defense for endangering children. There are some rules for this. You cannot physically harm your child and use this, but if your child has a physical illness or a mental illness and you choose to pray and use spiritual means to help them get better. Most courts will not consider this as child endangerment and you and your criminal defense lawyer will be able to use this to help you with this kind of domestic violence.

False Allegations

There are plenty of cases where the domestic violence victim is going to falsely claim that someone else committed violence against them. The reasons are going to vary about why the person would make these accusations. They may do this out of spite, to get a better position in their divorce, or to get custody of their children. When this happens, it can be hard to get up a good defense because the courts are more likely to believe the victim first and you may have to work hard to find the right kind of defense.

Lack of Intent

If you are able to prove that you weren’t intending to cause fear or harm on someone, you could have a defense. Even if this is not enough to get rid of the charges, it could reduce it to lesser charges that could save you time in jail and lots of money in fines.

Self Defense

If you used violence in order to protect yourself from the other person, you could use this defense with your criminal defense lawyer. If the victim was the one who attacked first or provoked the offender, the self-defense option is often the best one for you to go with in order to at least get the charges to be reduced.

The key to this process is to find a good criminal defense lawyer who is going to be able to help you out every step of the way. They will be able to look at your particular case and determine the right defense that will be able to lower your time in court and reduce the amount of penalties and fees that you may have to deal with. Don’t try and go through this court process on your own, this often goes poorly because of the stigma with domestic violence. Make sure to have the right criminal defense lawyer by your side from the very beginning.

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