Las Cruces Sex Crimes Defense
Being accused of a sex crime in Las Cruces is serious. Prosecutors in New Mexico have an unfair advantage over the accused and vigorously pursue convictions. By working with an aggressive sex crimes attorney, you can protect your rights, freedom, and reputation.
At the Benjamin Law Firm, we have the skills and experience to defend sex crimes charges and a proven history of achieving positive outcomes. Lead attorney Brock Benjamin is a former prosecutor who possesses insight into the state’s tactics and stays one step ahead. You can depend on us to work in your best interests and stand by you every step of the way. Contact us today to discuss your case in confidence.
Federal Sex Crimes Defense Attorney
Both state and federal courts can prosecute sex crimes. Generally, sex crimes in Las Cruces are elevated from state to federal offenses due to the severity and nature of the crime. Most sex crimes involving minor children are prosecuted federally and severely punished, including:
- Child sexual assault and rape
- Sexual exploitation of a child using coercion or bribery or enticing a minor to engage in sexually explicit conduct (e.g. child pornography)
- Sexual abuse of a minor or ward
- Purchase or sale of a child for sexual purposes
- Possession or distribution of child pornography, including sharing actual or digital material, sexual text messages (“sexting”), and transmitting information about a minor
Aggravated sex crimes are also elevated to the federal level, such as:
- Aggravated sexual abuse involves (1) using force, fear, threats of bodily injury, kidnapping, or death to coerce the victim to engage in unwanted sexual conduct or (2) illicitly providing drugs to an unknowing victim to render the victim unconscious for a sex act
- Human trafficking – using force, fraud, or coercion to recruit, transport, harbor, provide, or other obtain a person for forced labor or commercial sex acts
- Sexual abuse that results in death
- Sexual crimes across state lines including (1) traveling to another state with the intent of engaging in a sexual crime or (2) buying or selling illicit sexual material (e.g. child pornography) across state lines
- Sexual crimes that occur on federal land or territory, including military bases, reservations, national parks, federal prisons, institutions, and other facilities
- Having a prior sex crimes conviction
A conviction for a federal sex crime often requires mandatory minimum sentencing, fines, probation, and national sex offender registration.
At the Benjamin Law Firm. we have extensive experience defending clients in Las Cruces against state and federal sex crimes and will leverage our knowledge and skills to protect your rights.
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Your Advocate in the Fight We Get Results
With thousands of cases handled and a 90% success rate, we consistently deliver favorable outcomes for our clients. From securing dismissals and reduced charges to winning acquittals in high-stakes jury trials, we fight relentlessly to protect your rights and freedom.
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Not Guilty State v. Clevy Nelson
Ms. Nelson was charged with murder and manslaughter. The State was unable to prove its allegations and Ms. Nelson courageously held the State to its burden.
Violent Crimes
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Acquitted United States v. Melton
Stopped after being tracked across the State of New Mexico. He was charged with felon in possession of a firearm. The matter was dismissed and client released.
Gun Crimes
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Acquitted at Trial New Mexico v. De Los Santos
Acquittal by jury on assault on federal agent. Went from 8 years possible sentence to 1 year for the illegal entry.
Federal Crimes
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Dismissed United States v. Melton
Defense suppression of cell phone tracking by the Government and subsequent search of vehicle. Court’s opinion attached.
Federal Crimes
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Dismissed Texas v. Walling
Dismissal of indictment for threats in Interstate Commerce and threatening to assault and murder a United States official.
Federal Crimes
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Indel Foods v. Dodson International
Plaintiff (client) won breach of contract and received damages for his airplane. Court reduced the feeds requested. Documents attached.
Aviation Law
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Defenses Against Sex Crimes
Being charged with a sex crime does not mean you will be automatically convicted. Working with an experienced Las Cruces sex crimes attorney can mean the difference between preserving and losing your freedom. You can trust our firm to choose the best line of defense, such as:
Lack of Evidence
We regularly collaborate with forensic experts and private investigators to challenge the accuracy of scientific evidence and exploit weaknesses in the government’s case.
Consent
Sex crimes often hinge on whether or not the alleged victim gave consent. We will work to prove that the victim consented or that you reasonably believed they did so; however, we cannot assert this defense in sex crimes involving children because minors do not have the legal capacity to consent to sexual activity.
Entrapment
Entrapment may be a viable defense in cases involving child pornography if another party (e.g. the victim or law enforcement) tricked, baited, or coerced you into committing the crime.
Mental Capacity
Depending on the circumstances, we may be able to demonstrate that you lacked the mental capacity to make a sound decision at the time of the alleged sex offense.
We will work strategically to win a dismissal or acquittal; however, we will carefully weigh the evidence against you and advise you of options in your best interests.
Contact Our Experienced Las Cruces Sex Crimes Attorney
Given the harsh consequences of a sex crime conviction, you need the powerful representation the Benjamin Law Firm provides.
Contact our office today to learn how we can help. Se Habla Español.
