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State of New Mexico v. Yailasha Smith
Date: 10-30-2026
Case Number:
Judge: Clara Moran
Court: Second Judicial District Court, Bernalillo County, New Mexico
Plaintiff's Attorney: Savannah Brandenburg-Koch
Defendant's Attorney:
Click Here For The Best Albuquerque Criminal Defense Lawyer Directory
Description:
Albuquereque, New Mexico, criminal defense lawyer represented the Defendant charged with first degree felony arson and child abuse.
New Mexico child abuse laws (outlined primarily in New Mexico Statutes Section 30-6-1 and the Children's Code) make it a crime to knowingly, intentionally, or negligently endanger, abuse, or neglect a child under the age of 18. Justia Law +1
Key Definitions
• Abuse of a Child: Causing or permitting a child to be placed in a dangerous situation, tortured, cruelly confined, cruelly punished, or exposed to severe weather without justifiable cause. Having a child present in a premises where methamphetamine or other controlled substances are produced or used can constitute prima facie evidence of abuse. WomensLaw.org +1
• Neglect: Failing to provide proper care, subsistence, education, medical well-being, or protection from harm by a parent, guardian, or custodian. New Mexico Children, Youth and Families Department (.gov)
• Abandonment: Intentionally leaving a child under circumstances that cause neglect. (Safe Haven exceptions apply for surrendering infants under 90 days old).
Penalties and Levels of Offenses
• Abandonment: Generally a misdemeanor, rising to a second-degree felony if the abandonment results in great bodily harm or death.
• Abuse/Endangerment: Ranges from misdemeanors to severe felonies (such as third, second, or first-degree felonies) depending on whether the action was negligent, intentional, or resulted in great bodily harm or death. "Negligent" abuse requires proof of criminal negligence or reckless disregard.
Mandatory Reporting
• Universal Mandate: Under NMSA 1978, § 32A-4-3, every person in New Mexico who knows or has a reasonable suspicion of child abuse or neglect must report it immediately. Southern Methodist University
• Where to Report: Reports can be made to local law enforcement, tribal agencies, or the New Mexico Children, Youth, and Families Department (CYFD) Statewide Central Intake at 1-855-333-SAFE (or #SAFE). Call 911 for immediate life-threatening emergencies. Substitute Care Advisory Council +1
• Penalties for Failure to Report: Failing to report suspected abuse is a misdemeanor (punishable by up to one year in prison and/or a $1,000 fine).
New Mexico child abuse laws (outlined primarily in New Mexico Statutes Section 30-6-1 and the Children's Code) make it a crime to knowingly, intentionally, or negligently endanger, abuse, or neglect a child under the age of 18. Justia Law +1
Key Definitions
• Abuse of a Child: Causing or permitting a child to be placed in a dangerous situation, tortured, cruelly confined, cruelly punished, or exposed to severe weather without justifiable cause. Having a child present in a premises where methamphetamine or other controlled substances are produced or used can constitute prima facie evidence of abuse. WomensLaw.org +1
• Neglect: Failing to provide proper care, subsistence, education, medical well-being, or protection from harm by a parent, guardian, or custodian. New Mexico Children, Youth and Families Department (.gov)
• Abandonment: Intentionally leaving a child under circumstances that cause neglect. (Safe Haven exceptions apply for surrendering infants under 90 days old).
Penalties and Levels of Offenses
• Abandonment: Generally a misdemeanor, rising to a second-degree felony if the abandonment results in great bodily harm or death.
• Abuse/Endangerment: Ranges from misdemeanors to severe felonies (such as third, second, or first-degree felonies) depending on whether the action was negligent, intentional, or resulted in great bodily harm or death. "Negligent" abuse requires proof of criminal negligence or reckless disregard.
Mandatory Reporting
• Universal Mandate: Under NMSA 1978, § 32A-4-3, every person in New Mexico who knows or has a reasonable suspicion of child abuse or neglect must report it immediately. Southern Methodist University
• Where to Report: Reports can be made to local law enforcement, tribal agencies, or the New Mexico Children, Youth, and Families Department (CYFD) Statewide Central Intake at 1-855-333-SAFE (or #SAFE). Call 911 for immediate life-threatening emergencies. Substitute Care Advisory Council +1
• Penalties for Failure to Report: Failing to report suspected abuse is a misdemeanor (punishable by up to one year in prison and/or a $1,000 fine).
Outcome:
Three years in the DOC deal rejected by Judge Moran. A jury will decide her punishment.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of New Mexico v. Yailasha Smith?
The outcome was: Three years in the DOC deal rejected by Judge Moran. A jury will decide her punishment.
Which court heard State of New Mexico v. Yailasha Smith?
This case was heard in Second Judicial District Court, Bernalillo County, New Mexico, NM. The presiding judge was Clara Moran.
Who were the attorneys in State of New Mexico v. Yailasha Smith?
Plaintiff's attorney: Savannah Brandenburg-Koch. Defendant's attorney: Click Here For The Best Albuquerque Criminal Defense Lawyer Directory.
When was State of New Mexico v. Yailasha Smith decided?
This case was decided on October 30, 2026.