Albuquerque Gun Crime Defense Attorney
Aggressive Defense Against Firearm Charges
28+
years
of Combined Legal Experience
400+
Resolved Cases
Real Results for Albuquerque Firearms Clients
See how we've helped New Mexico families fight criminal charges and protect their futures.
View Our Case Results
Strategic Representation for Firearms Offenses in New Mexico
Firearm charges trigger serious consequences: mandatory prison terms, permanent felony convictions, and loss of your freedom. Whether you're accused of illegal possession, felon in possession, or weapons trafficking, you need an attorney who understands both sides of the courtroom.
Illegal Firearm Possession
Felon in Possession of a Firearm
Unlawful Carrying of a Firearm
Aggravated Assault with a Deadly Weapon
Discharge of a Firearm
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Illegal Firearm Possession
New Mexico law bars convicted felons, domestic violence offenders, and individuals under restraining orders from possessing firearms. Police arrest immediately, then build their case. We challenge the legality of the search, question the officers' actual possession, and attack the way the officers proved ownership. Possession charges often collapse under proper legal scrutiny.
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Felon in Possession of a Firearm
New Mexico criminalizes firearm possession by convicted felons. Under state law, this is generally classified as a third-degree felony. The government must prove you knew your prohibited status and knowingly possessed the weapon. We attack both elements: examining prior convictions for disqualifying offenses and challenging circumstantial evidence of possession.
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Unlawful Carrying of a Firearm
Concealed carry without permits, possessing firearms in schools or government buildings, or brandishing weapons during confrontations trigger criminal charges. We investigate the investigating officer’s reasonable suspicion, verify actual concealment, and establish legal justification for carrying.
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Aggravated Assault with a Deadly Weapon
Threatening or using a firearm during confrontations escalates to aggravated assault: a second-degree felony with nine-year prison terms. Self-defense claims need immediate investigation before witness statements shift. We collect video evidence, statements, and expert testimony supporting your account.
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Discharge of a Firearm
Firing weapons within city limits, shooting from vehicles, or discharging firearms during crimes brings enhanced penalties. We examine context: accidental discharge, self-defense, property protection, and challenge the prosecution's version of events.
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Don't Talk to Police Without an Attorney Present
Anything you say will be used to convict you. Detectives pressure suspects into making statements that destroy their defense.
Penalties for Gun Crimes in New Mexico
Firearms convictions carry mandatory sentencing, federal prosecution exposure, and lifelong restrictions on gun ownership. Here's what you're facing under state and federal law and why fighting these charges now determines your future.
State Penalties
Source: NMSA § 30‑7‑16 (felon in possession / receipt / transport of firearm) & NMSA § 30‑7‑2.1 (unlawful carrying of a deadly weapon on school premises)
Federal Penalties
Source: NMSA § 30‑7‑16 (felon in possession/receipt/transport of firearm) & NMSA § 30‑7‑2.1 (unlawful carrying of a deadly weapon on school premises).
First-time offenders think cooperation will help. It won't. Prosecutors use your statements to strengthen their case while promising nothing in return. We stop you from giving away your defense before the government proves anything.
Consequences of a Gun Crime Conviction
Firearms convictions destroy more than your freedom. They permanently alter your life, restricting rights and opportunities most people take for granted. Here's the reality most defendants discover too late.
Permanent Loss of Gun Rights
State law permanently prohibits convicted felons from possessing, purchasing, or transporting firearms. This ban applies nationwide and includes ammunition. Violating this restriction triggers new federal charges with mandatory prison time. No exceptions exist for hunting, self-defense, or family heirlooms.
Employment and Career Destruction
Firearms convictions eliminate entire career fields. Government jobs, law enforcement, military service, security positions, and jobs requiring background checks become permanently unavailable. Licensed professionals face disciplinary hearings that can end careers before sentencing even begins. Private employers routinely reject applicants with violent crime convictions.
Immigration and Deportation Risk
Non-citizens face deportation for firearms convictions regardless of immigration status. Even lawful permanent residents lose their status and are removed from the country. Firearms offenses are considered crimes of moral turpitude and aggravated felonies under immigration law, triggering mandatory detention and removal proceedings with limited relief options.
Why Choose Peake Law Firm for Firearms Defense
Prosecution Experience in Your Defense
Throughout his career as a district attorney, Jonathan prosecuted firearms cases. He knows how prosecutors build gun crime cases, which evidence they rely on, and where their investigations fall apart.
Independent Investigation & Evidence Challenges
We don't accept the state's version of events. Our team investigates independently, interviewing witnesses, examining forensic evidence, challenging ballistics reports, and exposing procedural violations.
Clear Communication in English & Spanish
Complex legal matters require clear explanations. We communicate directly in English or Spanish, breaking down your options without legal jargon or false promises.
Proven Results in New Mexico Courts
We defend gun crime cases throughout Bernalillo County, Sandoval County, Santa Fe County, and Valencia County. Our experience ensures we know how to handle your case.
Arrested for Weapons Possession?
Felony weapons charges move fast. So do I. I've prosecuted and defended many of these cases. I suppress evidence, challenge searches, and protect your gun rights before they're gone.
Meet Jonathan M. Peake: Former Prosecutor, Now Defending Your Rights
Criminal Defense Attorney | Former Prosecutor
Jonathan Peake began his career as a New Mexico State Prosecutor, gaining extensive trial experience at the District Attorney’s Office in Albuquerque. In 2010, he founded his own practice to leverage that prosecutorial insight for the defense. A cum laude law graduate, Jonathan is a recognized leader in his field, having served as President of the New Mexico State Bar's Criminal Defense Section.
Hear From People We've Defended
Defending Firearms Charges Across Central New Mexico
We handle state gun crime cases throughout Albuquerque and the surrounding counties. Were you arrested by the APD or the Bernalillo County Sheriff's Department? Our experienced criminal defense attorney protects your rights from investigation through trial.
Our Office:
Office Location: 1100 4th St NW, Suite A Albuquerque, NM 87102
Phone: (505) 750-7702
Email: [email protected]
Your Defense Starts with One Honest Conversation
Meet with an Albuquerque criminal defense attorney who spent years building gun crime cases before dedicating his practice to defense. You'll receive a straightforward analysis of your charges, honest predictions of outcomes, and an actionable legal strategy.
Gun Crime Questions Answered
Can gun charges be dropped in New Mexico?
Yes. Gun charges get dismissed through illegal search challenges, Fourth Amendment violations, lack of probable cause, or insufficient possession evidence. We've secured dismissals after proving unlawful traffic stops, warrantless searches, and failure to establish knowing possession. Each criminal case offers distinct defense opportunities.
What is the best defense against felon in possession charges?
Evidence dictates strategy. Strong defenses attack knowledge of the firearm's presence, challenge whether your prior conviction qualifies as disabling, prove lack of access or control, and expose illegal searches. As a former prosecutor, I know which defenses judges respect and which collapse under scrutiny. We'll map your best approach immediately.
How long does a gun crime conviction stay on your record in New Mexico?
Convictions generally remain on your criminal record permanently unless expunged. New Mexico law allows expungement after a waiting period, but firearm rights remain restricted unless specifically restored through a pardon or court order. Fighting charges now is the only way to avoid lifelong consequences.