Common Misdemeanor Charges

Written by BooAdmin on . Posted in Blog


What constitutes a misdemeanor charge in New Mexico? If you’re facing a misdemeanor, you might want to know more. For example, certain types of misdemeanors are more common and serious than others. But no matter the severity of your charge, if you face a misdemeanor charge, you will want to secure an attorney as soon as you are able.


In New Mexico, you will hear the terms DUI (driving under the influence) and DWI (driving while intoxicated). Some states will differentiate between the two, but in New Mexico, the terms are used interchangeably because they are considered the same charge and offense.

If you are caught driving under the influence of drugs or alcohol, you will have to submit to a test. The legal blood alcohol concentration limit is 0.08. If you take the test and you test over the legal limit, you can receive a DUI/DWI.

If you are under the influence of drugs, you can still receive a DUI/DWI. Even if the drugs you are under the influence of are legal, you can still receive the misdemeanor charge.

Assault and Battery

People often think assault and battery are interchangeable terms for the same charge. However, in New Mexico, they are different.

In New Mexico, an assault usually occurs without any physical contact. An assault can occur when someone is attempting to batter someone, threatening someone, or verbally assaulting someone in a way that could damage their reputation.

Battery in New Mexico is characterized as intentionally touching someone with force or in an angry manner. This would typically be with your own hands because once you try to hurt someone with a deadly weapon, it can upgrade to aggravated battery and that can turn into a felony charge versus the misdemeanor charge you can get from battery.


Shoplifting occurs when you enter an establishment and purposefully conceal or take merchandise without planning on paying for it. With shoplifting, the dollar amount of the merchandise you steal plays a big part in the amount of trouble you are in. Once you shoplift over $500 worth of merchandise from an establishment, your charge can go from a misdemeanor to a felony.

Order of Protection Violation

In New Mexico, two types of protection orders exist. The First is a Domestic Violence Order of Protection. A person who is abused often takes out this protection order against their abuser. This protection order can only go against a person from your household.

These can include:

  • Spouse (current or ex)
  • Parents or stepparents
  • Grandparents
  • In-laws
  • Siblings

You do not have to live with the person to take out this protection order against them. This protection order states that the other party cannot contact virtually or physically seek you out.

The other type of protection order is a restraining order. Restraining orders are similar, but they do not have to be limited to people from a household. A restraining order offers you the same protections. The person who is served the restraining order is not allowed to contact you in any way, virtually or physically.

Violating an order of protection the first time can result in an arrest and a misdemeanor charge. This means if the person who is served the order of protection comes into close proximity to you, they have violated it and can go to jail. If they continue to violate the order of protection, this can go from a misdemeanor to a felony.

If you have been charged with a misdemeanor charge, contact us today at the Law Offices of Lynda Latta LLC for your free consultation. We will use our expertise in the field to help you fight the charges against you.

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