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Facing criminal charges is overwhelming, but understanding your legal options is also essential. For that, we came up with the top defenses for common criminal charges in Albuquerque.
For that, the defense strategy you choose can significantly impact the outcome of your case. Here, we discuss some, helping you prepare for the road ahead.
Top defenses for common criminal charges in Albuquerque: DUI/DWI Charges
A DUI/DWI charge in Albuquerque is one of the most frequent criminal offenses.
Common defenses include:
- Challenging the Traffic Stop: Police must have a valid reason to stop you. If they lacked reasonable suspicion, your lawyer could argue the stop was unlawful.
- Questioning Field Sobriety Tests: Field sobriety tests are subjective and prone to error. Medical conditions, weather, or road conditions may impact your performance.
- Breathalyzer Accuracy: Breathalyzers require proper calibration and maintenance. If the device was faulty or improperly handled, the results may be inadmissible.
Drug Charges
Drug offenses range from possession to trafficking. Effective defenses include:
- Illegal Search and Seizure: Under the Fourth Amendment, evidence obtained through unlawful searches may be excluded. If the police lacked a warrant or probable cause, your attorney can challenge the seizure.
- Ownership Dispute: For possession charges, proving the drugs were not yours can serve as a viable defense.
- Medical Necessity: In some cases, possessing certain substances may be defensible if they were prescribed for medical purposes.
3. Assault and Battery
Charges for assault and battery often stem from disputes or misunderstandings.
Defenses include:
- Self-Defense: You have the right to defend yourself if you were attacked or reasonably believed you were in imminent danger.
- Defense of Others: Acting to protect someone else from harm can also serve as a strong defense.
- Consent: In some situations, the alleged victim may have consented to the physical contact, negating the criminal intent required for a conviction.
4. Theft and Property Crimes
Defending against theft or property crime charges often involves:
- Mistaken Ownership
If you believed the property was yours or had permission to use it, you may have a valid defense. - Lack of Intent
Theft charges require intent. If you didn’t intend to steal, the charge may not hold. - Entrapment
If law enforcement induced you to commit a crime you wouldn’t otherwise have committed, entrapment could be a defense.
Domestic Violence:
Domestic violence cases are sensitive and complex. Common defenses include:
- False Accusations: Personal disputes can sometimes lead to unfounded allegations. Evidence of inconsistencies or motives for false claims can support your case.
- Lack of Evidence: Prosecutors must prove the case beyond a reasonable doubt. If evidence is weak, your attorney can highlight these gaps.
- Self-Defense: If the alleged victim initiated violence, you may argue self-defense.
Weapons Charges
Facing weapons charges in Albuquerque? Defenses often involve:
- Lack of Possession: Prosecutors must prove you knowingly possessed the weapon. If they can’t establish this, the charge may not stand.
- Constitutional Violations: Evidence obtained through unlawful searches or seizures can be suppressed.
- Valid Permit: If you had a legal permit for the weapon, this might serve as a defense.
Common criminal charges in Albuquerque: why hiring a Defense Attorney in is Key
Choosing the right defense strategy requires legal expertise. The team at Amador Law Firm understands the nuances of Albuquerque’s legal system. Our criminal defense law firm in Albuquerque works to protect your rights and fight for the best possible outcome.
If you’re facing criminal charges, don’t face this alone. Contact us today to discuss your case and start building your defense. We have so many 5-star reviews for a reason.