A Misdemeanor Lawyer Is Ready to Help
Many people simply accept their fate and live with a guilty plea when charged with a misdemeanor, but that is usually a mistake. A capable defense lawyer can devote time to your case, highlight flaws in the case, negotiate for a better result, and even prove your innocence.
Attorney Patscheck is a former prosecutor who uses her background and knowledge to benefit every client. When your case involves misdemeanor charges, she will fight to have the matter dismissed or dropped, identify errors that benefit your case, and strive to find a result that does not define your life.
Get an Aggressive Defense
We fight misdemeanor charges to prevent you from jail, fines, license suspension, and a permanent criminal record. As our client, you can expect:
- Questions to be answered in a free consultation.
- An accurate assessment of what happened.
- Open discussion about potential pleas, diversion options, and what’s the best option.
- Aggressive representation of your interests in and out of court
- The utmost discretion when tackling the issues in your case.
- An experienced trial attorney who is not afraid to take your case to court
No matter who you are, what was alleged, or how you came to be charged with a misdemeanor in San Juan County, you deserve the best possible legal representation.
Misdemeanors in Farmington, New Mexico
There are two types of misdemeanors in New Mexico: misdemeanors and petty misdemeanors.
- Misdemeanors are the more serious of the two charges. If you are found guilty, you could spend as much as one year in jail. You could be fined up to $1,000 as well.
- Petty misdemeanors carry less harsh penalties. If convicted, you could spend up to six months in jail. Fines for a petty misdemeanor could reach as much as $500.
Certain misdemeanor crimes carry maximum penalties that are less than others, while some require mandatory sentences. Your attorney can help you understand the extent of the charges and what to expect. From there, you can build a compelling defense.
Misdemeanor crimes can take many forms. Some of the typical misdemeanor crimes we handle include:
Driving While Intoxicated (DWI/DUI)
Drunk and drugged driving is a serious criminal offense in N.M. Most DWI charges are misdemeanors, but the severity will depend on several factors. These include whether you are a first-time offender or have prior DWIs on your record. For example, a first-time offender might pay a $500 fine and spend up to ninety days in jail. But if it is your third DWI, you can expect 364 days in jail and fines up to $1,000.
You could also expect to deal with:
- License suspension
- Installation of an ignition interlock device
- Required community service
- Required DWI education course,
- Probation
Your misdemeanor lawyer can help you figure out which defense is most likely to produce a favorable outcome. Some common defenses include:
- Inaccurate breath test results
- Procedural issues
- Inaccurate or faulty lab results
- Illegal stop
- Illegal search and seizure
- Lack of probable cause
- Medical conditions
- Miranda violations
- Mistake of fact
Speeding/Reckless Driving
Driving over the speed limit is not always criminal. However, it could be if you’re charged with misdemeanor reckless driving caused by speeding. To be charged with reckless driving, the prosecutor must show that you:
- Had a careless or willful disregard for the rights or safety of others
- Drove at a speed that was likely to endanger another
The penalties for reckless driving depend on the specifics and if anyone was hurt. In addition to possible jail time and fines, you could face a license suspension and points on your license as well.
Theft/Larceny
Most crimes involving theft in Farmington and across N.M. are considered larceny. Larceny can be a misdemeanor or a felony. It depends on:
- The value of the goods or services
You might face petty misdemeanor penalties if you are accused of shoplifting property of less than $250. If you were accused of stealing property valued at $500, you’ll be charged with a misdemeanor. Anything valued greater than $501 is a felony.
Assault
You might be surprised to learn that an assault charge does not include actual physical violence. But it does cover the attempt to be physically violent, make threats, or intimidate a person.
The actual physical act of violence is a battery charge. In most cases, assault is a misdemeanor. On the other hand, aggravated assault is a felony charge.
Domestic Violence
Certain domestic abuse crimes in New Mexico or domestic violence offenses are also misdemeanors. Some examples include:
- Assault against a household member
- Battery against a household member
- Aggravated battery against a household member
Only certain people can be considered household members under the law. They include:
- Parents
- Grandparents
- Current or former spouse
- Current or former stepparent
- Certain in-laws
- Anyone the defendant dated or had an intimate relationship with
Remember, physical contact may not always be required to file misdemeanor charges. If you’re arrested or accused, it’s best to consult a lawyer and not try to explain the situation yourself.