Law Office of Barry Klopfer P.C.

Law Office of Barry Klopfer P.C. Criminal Defense Attorney, DWI Defense Attorney, misdemeanors, felonies, domestic violence defense, drug charges defense, assault and battery defense.

New Mexico/Federal/Zuni Attorney at law based out of Gallup, New Mexico, servicing the Northwest New Mexico area and the surrounding Navajo Nation and Zuni Pueblo. Memberships

New Mexico Criminal Defense Lawyers Association (NMCDLA); New Mexico Trial Lawyers Association (NMTLA); American Civil Liberties Union of New Mexico (ACLU)

Admissions

Supreme Court of the United States — 2008
U.S. Court o

f Appeals, 10th Circuit — 2007
U.S. District Court of New Mexico — 2007
Zuni Pueblo -- 2016
New Mexico — 2004

🚨 Serious Charges Require Strong Defense 🚨If you’ve been accused of strangulation in New Mexico, you need to act fast. T...
01/06/2026

🚨 Serious Charges Require Strong Defense 🚨

If you’ve been accused of strangulation in New Mexico, you need to act fast. These charges carry severe penalties—even if there’s no visible injury. Here’s what you need to know:

Why This Matters:
⚠️ Up to 3 years in prison
⚠️ $5,000+ in fines
⚠️ Lifelong consequences for your job, family, and reputation

What the Law Says (NMSA § 30-3-16):
✅ Strangulation is defined as intentionally touching someone’s neck/throat to block breathing/blood flow with intent to harm.
✅ No physical injury needed—just the potential for serious harm.

Your Defense Options:
🔹 Lack of intent: Prove the contact was accidental.
🔹 Weak evidence: Challenge police reports or witness claims.
🔹 Self-defense: Show you were protecting yourself or others.
🔹 False accusations: Uncover motives behind the claim.

What to Do NOW:
1️⃣ Stay silent until you have legal counsel.
2️⃣ Call us immediately at (505) 979-8693 for a FREE consultation.
3️⃣ Don’t contact the accuser—let your attorney handle it.

Why Choose Us?
⚖️ Experienced and successful in NM criminal law
⚖️ Skilled in challenging evidence
⚖️ Fights for the best possible outcome—whether it’s dismissal, reduced charges, or a fair trial.

READ MORE:
🔗 Facing Strangulation Charges in New Mexico? Know Your Options. (https://klopferlaw.com/blog/f/facing-strangulation-charges-in-new-mexico-know-your-options)

Don’t let accusations define your future.
Barry Klopfer, Criminal Defense Attorney
📞 Call Now: (505) 979-8693
📍 Serving Albuquerque & statewide

Accusations of strangulation are serious. If you've been charged with aggravated battery on a theory of strangulation in New Mexico, you're facing potentially severe penalties, including jail time, fines, and lasting con...

🚨 Harassment Charges in NM = Up to 1 Year Jail?It’s not about one text—it’s about intent, pattern, and proven distress. ...
10/02/2025

🚨 Harassment Charges in NM = Up to 1 Year Jail?
It’s not about one text—it’s about intent, pattern, and proven distress. In Santa Fe, Farmington, or Albuquerque, prosecutors often overcharge.
✅ Where a single email was mislabeled as harassment charges have been dismissed.
✅ We use State v. Gonzales to dismiss duplicate stalking/harassment charges.
✅ Defense tailored to your city’s court practices.
Call (505) 979-8693 for a FREE consultation.

🚨 YOUR PAST CONVICTION COULD SEND YOU TO LIFE IN PRISON (NM LAW)New Mexico’s Habitual Offender Act automatically adds ye...
09/29/2025

🚨 YOUR PAST CONVICTION COULD SEND YOU TO LIFE IN PRISON (NM LAW)
New Mexico’s Habitual Offender Act automatically adds years for repeat felonies:
▫️ 1 prior felony = +1 year
▫️ 2 prior = +4 years
▫️ 3 prior = +8 years
▫️ 4+ prior = MANDATORY LIFE SENTENCE (NO PAROLE)

⚠️ Critical: Even a minor felony with 3 prior convictions triggers the 8-year jump.

🔥 Why generic lawyers fail:
They miss the only defense that works: reduce your current felony to a misdemeanor BEFORE sentencing (misdemeanors avoid all enhancements).

🚗🍁 Know Your Rights: New Mexico Cannabis Law & DWIOn Apr 12 2021 Gov. Michelle Lujan Grisham signed the Cannabis Regulat...
09/29/2025

🚗🍁 Know Your Rights: New Mexico Cannabis Law & DWI

On Apr 12 2021 Gov. Michelle Lujan Grisham signed the Cannabis Regulation Act—legalizing recreational use for adults 21+.
But the law also changed how police can investigate a DWI that involves cannabis.

⚖️ What the Act Says

Odor Alone ≠ Reasonable Suspicion – the smell of cannabis by itself cannot justify a traffic stop, detention, or search.
Legal Possession Limits – up to 2 oz cannabis, 16 g extract, or 800 mg edibles. Being within these limits is not probable cause for a search or arrest.

Objective Evidence Still Required – a DWI stop must be based on observable impairment, not just the presence or scent of legal ma*****na.

🚨 Why It Matters for You

If police pull you over because of the “smell of weed,” that stop is likely unlawful. An experienced DWI attorney can challenge the stop, protect your rights, and build a defense based on the new cannabis regulations.

Facing Charges Negligent Use of a Firearm in New Mexico? 🌵🚨If you're dealing with NMSA 1978, § 30-7-4 charges for Neglig...
09/29/2025

Facing Charges Negligent Use of a Firearm in New Mexico? 🌵🚨

If you're dealing with NMSA 1978, § 30-7-4 charges for Negligent Use of a Firearm, your future is on the line. These charges can have serious consequences—especially if they arise from a DWI arrest or other incidents involving fi****ms.

But there's hope! Attorney Barry Klopfer has dedicated his career to defending clients across New Mexico against these types of charges. With his deep knowledge of local laws and courts, he provides expert defense strategies to minimize penalties and protect your rights.

Don't let a single mistake define the rest of your life. Contact us today for a FREE consultation—we're here to help! 📞 (505) 979-8693 🌵🚨

For more information, check out our latest blog: https://klopferlaw.com/blog/f/new-mexico-firearm-charges-barry-klopfer-defends-you

📣 Facing a Criminal Sexual Pe*******on Charge in New Mexico?Every day people are shocked to discover they’re facing a fe...
09/25/2025

📣 Facing a Criminal Sexual Pe*******on Charge in New Mexico?

Every day people are shocked to discover they’re facing a felony that could change their life forever. But you’re not alone—and you’re not powerless.

🔍 Our latest blog breaks down:

The 3 degrees of CSP and what each means for your sentence
Common defenses that prosecutors overlook
How early‑stage motions can shut down key evidence
Your rights – from the initial arrest to the trial
👉 Read the full guide now:
🔗 https://klopferlaw.com/blog/f/new-mexico-criminal-sexual-penetration-defense-%E2%80%93-expert

If you’re currently in trouble, we’re here to help. Call us today for a free, confidential consultation – no fees until you decide to hire us.

📞 (505) 979-8693

🛡️ Your future deserves a solid defense. Get the facts, get the help, and move forward.

Quick Overview of New Mexico Criminal Sexual Pe*******on Law

Don't Let a $250 Mistake Ruin Your LifeIn New Mexico, shoplifting isn't about the price tag - it's about what the prosec...
09/25/2025

Don't Let a $250 Mistake Ruin Your Life

In New Mexico, shoplifting isn't about the price tag - it's about what the prosecution claims the item is worth. And 99% of defendants make a fatal error: pleading guilty at arraignment without challenging the valuation.

The result? A felony conviction on your record for a $250 item, simply because the store's ticket price was accepted as "market value" without proof. This isn't a technicality - it's why shoplifting cases destroy lives.

Learn the truth about New Mexico's shoplifting law and how to protect yourself:

✨ A felony record can block professional licenses, housing, jobs, and reputation - permanently.
✨ Prosecutors want you to plead before you've seen the evidence. Once you say "guilty," you've accepted the store's valuation as fact. You can't undo it.
✨ A strategic defense can dismantle the prosecution's foundation and preserve your clean record.

New Mexico’s shoplifting statute (§ 30-16-20) isn’t about the item’s price tag. It’s about what the prosecution claims the item’s value was. And that’s where 99% of defendants make a fatal error:

⏱️ Charged with domestic assault in NM? The law doesn’t care if you “meant to scare her.”The State must prove: “The defe...
09/24/2025

⏱️ Charged with domestic assault in NM? The law doesn’t care if you “meant to scare her.”

The State must prove: “The defendant’s act caused the victim to reasonably fear immediate battery at the moment of contact.” State v. Branch (2018)

Why this matters:
→ If your spouse felt fear after a shove (e.g., leaving a Rio Rancho restaurant), the State must prove the fear was immediate—not based on hindsight.
→ Police often rely on post-incident texts (e.g., “You scared me!”). Branch requires proof of immediate fear, not just a text.

Civil protection orders?
The State doesn’t participate. You need a lawyer to understand evidence that could be used against you at hearing.

Read the full legal breakdown first comment.

— Barry Klopfer, New Mexico Criminal Defense Attorney

🔥 3 New Mexico Battery Mistakes That Cause ConvictionThe Law Doesn’t Care About Your Intent.🚨 Charged with battery in NM...
09/24/2025

🔥 3 New Mexico Battery Mistakes That Cause Conviction

The Law Doesn’t Care About Your Intent.

🚨 Charged with battery in NM?
The court doesn’t care if you “meant to be gentle.”
It only cares about what the law says.

✅ In Albuquerque, Rio Rancho, Belen, or Carlsbad—we use real case law to dismiss charges:
→ State v. Trujillo (1998): If the victim wasn’t a legal household member, charges collapse.
→ State v. Kraul (1977): Pushing a cop? Only battery if excessive force was used.
→ Favela v. City of Las Cruces (2019): Accidental contact (like bumping someone in a bar) = no battery.

This isn’t a story. It’s the law.
We fight your case in every NM courtroom—not with promises, but with court rulings.

No sales pitch. No guesswork.

“This is how we practice—every day, for every client in New Mexico.”
— Barry Klopfer, NM Criminal Defense Attorney

You’ve been pulled over. The flashing lights. The stress.You’re now facing a DWI charge in Albuquerque and worrying abou...
08/18/2025

You’ve been pulled over. The flashing lights. The stress.
You’re now facing a DWI charge in Albuquerque and worrying about your job, your family, your license.

📞 Call us for a free consultation at (505) 979-8693.

Address

920 5th Street NW
Albuquerque, NM
87102

Opening Hours

Monday 8am - 6pm
Tuesday 8am - 6pm
Wednesday 8am - 6pm
Thursday 8am - 6pm
Friday 8am - 6pm

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