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New Mexico Domestic Violence Law

New Mexico Domestic Violence Defense

What you're facing under N.M. Stat. Ann. § 30-3-12, how the penalties scale, and the questions your attorney needs to answer, specific to New Mexico (NM) domestic violence law.

Offense Class

Petty Misdemeanor (first); Misdemeanor (second); Fourth degree Felony (third+)

Maximum Penalty

6 months (first); 364 days (second); 18 months (third+)

Maximum Fine

$500 (first); $1,000 (second); $5,000 (third+)

Federal Firearms Prohibition (Lautenberg Amendment)

A conviction for misdemeanor domestic violence in New Mexico carries a federalfirearms-possession ban under 18 U.S.C. § 922(g)(9). This consequence is collateral to New Mexico state penalties and applies regardless of the state sentence imposed.

Penalty Range in New Mexico

StatuteN.M. Stat. Ann. § 30-3-12 — Assault Against a Household Member
Minimum Penalty
Maximum Penalty6 months (first); 364 days (second); 18 months (third+)
Maximum Fine$500 (first); $1,000 (second); $5,000 (third+)

Charge Enhancements

These factors can elevate the charge or penalty in New Mexico:

  • Third or subsequent offense (fourth degree felony)
  • Aggravated battery against household member (§ 30-3-16 — third degree felony)
  • Use of a weapon

New Mexico-Specific Detail

New Mexico has specific domestic violence statutes. Third offense becomes a felony. Batterers' treatment programs commonly ordered.

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26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to New Mexico defendants.

Important: This page provides legal INFORMATION about New Mexico domestic violence law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.