ALBUQUERQUE (KRQE) – The former Albuquerque Police Union President is fighting to get a felony child abuse charge against her dismissed.

Stephanie Lopez’s attorney claims the state missed its window to prosecute this case. Not only does Lopez want the charges thrown out, she also wants to get back to work with the Albuquerque Police Department.

“What she wants to do is get back to work, go back out and do her job, and I think she looks forward to that,” explained Sam Bregman, attorney for Stephanie Lopez.

Lopez was charged with felony child abuse and intimidation of a witness in December. She’s accused of hitting her 14-year-old daughter several times in the face, and throwing her to the floor during a dispute over a utility notice.

Lopez since resigned from her role as union president. Now, her attorney has filed a motion to dismiss all charges against her.

“The government had their chance within 60 days pursuant to the rule, they didn’t do it,” Bregman told KRQE News 13. “Therefore, that’s why this case needs to be dismissed.”

Bregman is referring to a February 10, 2016 deadline for the 60 day rule. In that time span, he claims, “The state has taken no steps to prosecute the case,” meaning Lopez hasn’t been indicted, or brought to a preliminary hearing on the charges.

“The rule is in place so that people don’t sit around endlessly with charges hanging over their head,” said Bregman.

Lopez has been on paid administrative leave with APD pending the case.

Despite her daughters’ claims and reported bruises in the alleged abuse case, Bregman argues the charges should have never been filed.

“This is a matter of disciplining a child, it is not child abuse,” Bregman told News 13. “I just don’t think the evidence is there to even begin to allege that she’s committed a crime.”

KRQE News 13 reached out to the District Attorney’s Office to ask about the case, but no one returned calls.

The Bernaillo County Sheriff’s detective on the case claims the 60 day rule doesn’t apply to the felony case, and as far as he knows, the DA’s office still plans to prosecute.

A spokesman for the APD union told KRQE News 13 over the phone they stand by the court process, and hope Lopez can eventually get back to work.

The next step for this case will be a hearing for this new motion. That date has not been set.