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 in whether the case is in criminal court or civil court under the New Mexico Family Violence Protection Act. All that is required for these harsh consequences to kick in is a finding of domestic violence. This includes a plea in criminal court or an admission or stipulated order of protection in civil court.
Because of there seriousness of the possible consequences, it is very important to take the charges seriously. This means seeking the guidance of a criminal defense attorney experienced with domestic violence charges and the many important issues that they raise.
Immigration Consequences of a Domestic Violence
Early Intervention Programs, Conditional Discharges and Deferred Sentences are typically unavailable to non-citizens even though each of these ultimately results in the dismissal of the charges.
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 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.
Gun Ownership Consequences of Domestic Violence
Possessing a firearm after a domestic violence conviction can result in being charged under federal law and sentenced to ten years in prison.
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.
Employment Consequences of Domestic Violence
A domestic violence conviction can also affect employment, student loans and scholarship eligibility.
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.
Contact an Attorney Now!
If you or a loved one are facing domestic violence charges, you should seek the assistance of an experienced Albuquerque criminal defense attorney. Time is of the essences as there may be certain defenses and deadlines that an attorney can help you with.