Other Consequences of Domestic Violence
In addition to the criminal penalties associated with a conviction for domestic violence, there are other often equally severe collateral consequences of a finding of domestic violence. These consequences will result whether the case is in criminal court or civil court under the New Mexico Family Violence Protection Act.
The most serious consequences of all are deportation and inadmissibility for non-citizens convicted of domestic violence. To make matters worse for non-citizens, these immigration consequences occur often times even in the absence of a conviction. For example, a non-citizen is typically unable to take advantage of Early Intervention Programs, Conditional Discharges and Deferred Sentences despite the fact that each of these ultimately results in the dismissal of the charges. The problem is that they each also generally require an admission of guilt for eligibility. This admission alone is sufficient to trigger deportation and inadmissibility even in the absence of a conviction.
In addition, both New Mexico and Federal law prohibit you from possessing a firearm while on probation for an act of domestic violence. Federal law prohibits you from ever possessing a firearm if you are convicted of domestic violence. If you possess a firearm after such a conviction, you can be charged under federal law and sentenced to ten years in prison. Obviously, such limitations would limit your ability to serve as an armed guard, law enforcement officer or member of the military. It would also prohibit you from ever hunting again with a firearm.
Convictions for domestic violence can also impact other rights as well. A domestic violence finding can have severe employment consequences. A conviction may make you ineligible for certain types of employment and/or employment with certain employers.
A conviction may also affect your student loan and scholarship eligibility. There may be other consequences as well depending upon your circumstances. It is very important that you understand all of the possible consequences for a domestic violence conviction. These consequences will often impact the strategy of your case.
The most serious consequences of all are deportation and inadmissibility for non-citizens convicted of domestic violence. To make matters worse for non-citizens, these immigration consequences occur often times even in the absence of a conviction. For example, a non-citizen is typically unable to take advantage of Early Intervention Programs, Conditional Discharges and Deferred Sentences despite the fact that each of these ultimately results in the dismissal of the charges. The problem is that they each also generally require an admission of guilt for eligibility. This admission alone is sufficient to trigger deportation and inadmissibility even in the absence of a conviction.
In addition, both New Mexico and Federal law prohibit you from possessing a firearm while on probation for an act of domestic violence. Federal law prohibits you from ever possessing a firearm if you are convicted of domestic violence. If you possess a firearm after such a conviction, you can be charged under federal law and sentenced to ten years in prison. Obviously, such limitations would limit your ability to serve as an armed guard, law enforcement officer or member of the military. It would also prohibit you from ever hunting again with a firearm.
Convictions for domestic violence can also impact other rights as well. A domestic violence finding can have severe employment consequences. A conviction may make you ineligible for certain types of employment and/or employment with certain employers.
A conviction may also affect your student loan and scholarship eligibility. There may be other consequences as well depending upon your circumstances. It is very important that you understand all of the possible consequences for a domestic violence conviction. These consequences will often impact the strategy of your case.
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