Knowledgeable Child Abuse Charges Defense Attorneys
Experienced Defense Law Firm Fighting Charges of Child Abuse and Endangerment in New Mexico
Society reserves a special place for child abusers and it is not somewhere you want to be. The problem is that it only takes one accusation and your name could be wrongly grouped with the rest of Albuquerque, New Mexico’s child abuse offenders. Is this your story? Have you been falsely or accidently accused when in fact you are innocent of any wrongdoing? Don’t lose hope. Contact our team of child abuse defense attorneys today. We work hard every day to help people just like you. It is our aim to clear your name and help you get your life back on track.
What is Child Abuse?
Child abuse is defined by both Federal and State statutes. At the Federal level, the Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse as: “Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.”
Under New Mexico state law, child abuse includes all sexual abuse and any physical injury that is not accidental. This includes burns, bruises, broken bones, physical marks, and other physical and mental injury. Under New Mexico child abuse laws, the use of controlled substances or illegal drugs during pregnancy also constitutes abuse.
The Severity of Child Abuse Charges
If you have been accused of child abuse in Albuquerque, New Mexico, you must understand the severity of being charged and convicted. You will face likely jail time, followed by probation and parole. You will encounter a lifetime of consequences including a loss of privacy and civil rights and difficulties finding employment. If you have been wrongly accused, don’t waste any time. You must reach out to an experienced defense attorney as soon as possible. Time is of the essence!
False Accusations of Child Abuse
The trouble with accusations is that they are just that: accusations. Anyone can accuse you of something you didn’t do, and it is your responsibility to prove you didn’t do it. Once accused of child abuse, though, it is hard to shake the reputation that goes along with the accusation. People automatically assume you are guilty. What people don’t realize is that false allegations are actually quite common in child abuse cases. Whether your accusation is the result of a bitter divorce or misunderstanding, let us help you fight for your freedoms.
What to Do
If you have been falsely accused of child abuse, act immediately. You cannot assume you won’t be convicted, even though you know you are completely innocent. It is of the utmost importance to contact a qualified attorney with experience fighting these serious charges. Regardless of circumstances, you need the best lawyer you can find.
Frequently Asked Questions (FAQs)
Can a parent be convicted of child abuse for leaving a child alone in a locked car while he/she runs into the supermarket to pick up a few things?
Sometimes, but not always. A lot depends on factors such as the outside temperature, how old the child is, and how long the child was left alone.
What is Shaken Baby Syndrome?
Shaken Baby Syndrome (SBS) is a serious brain injury caused by shaking a baby too vigorously. It often occurs when a caregiver becomes frustrated with a crying baby. It is most certainly considered child abuse, and it can even result in homicide charges if the baby dies.
Is it child abuse to drive drunk with a child in the car?
Yes. In fact, it is a third-degree felony known as negligent child abuse. Penalties are for more serious than typical DWI penalties – you could end up in prison for up to three years. If there was more than one child in the car, you might even be charged with one felony per child.
What are New Mexico’s child abuse reporting requirements?
Anyone who “reasonably suspects” child abuse is required to immediately report it to a law enforcement agency, the Department of Children, Youth and Families, or a tribal authority. This requirement is enforced strictly against certain professionals, such as doctors. Unfortunately, this well-intentioned law tends to increase the incidence of false accusations.
Will the court system be biased against me?
Unfortunately, it is likely, although not certain, that the court system will be emotionally biased against you for simply being accused of child abuse. A good criminal defense lawyer can help you counteract this bias so that you can receive a truly fair trial.
Is ‘Gay Conversion Therapy’ considered child abuse in New Mexico?
Possibly, but no one knows for sure yet — this is an emerging area of law. Gay Conversion Therapy has already been banned in New Mexico for minors in the sense that a doctor, a nurse, or a psychologist can be subjected to professional discipline for administering it.
How does the presumption of innocence work?
The presumption of innocence requires the prosecutor to prove every element of the charge against you “beyond a reasonable doubt.” Most crimes include several elements that have to be proven in order to win a conviction. However, you will need a good criminal defense attorney to maximize your chances of holding the prosecutor to this standard.
How do plea bargains work?
A plea bargain is a contract between you and the prosecutor, whereby you agree to plead guilty to a lesser charge in exchange for the prosecutor’s recommendation of a lighter sentence to the judge. The judge is not required to accept the prosecutor’s recommendation.
Is there a religious exemption for parents who believe in faith healing rather than medical treatment for their children?
No, there is no religious exemption. Parents who fail to secure medical treatment for their children are treated the same in the eyes of the law, regardless of their motives in failing to secure such treatment.
Contact Us Today
If you are looking for an Albuquerque, New Mexico defense attorney to help you fight child abuse allegations or charges, you have come to the right place. You’ve made the most important step by reaching out; now let us handle the rest.
The New Mexico Criminal Law Offices have helped protect the rights of our clients since 1997. We use our valuable experience, bold strategies, and aggressive defense techniques to fight charges from start to finish. Clearing your name is our number one priority. Contact us today for a free initial consultation and to learn how we provide unparalleled, personalized legal representation for all of our clients. Every case is unique in its circumstances and allegations, but our aim remains the same: We require the prosecution to present full burden of proof in each and every case and will not rest without it. Let us fight for your freedom!