Legal Question in Criminal Law in New Mexico

By brother was a little drunk the other night and shoved his drunken father-in-law right in front of a police officer. He was arrested for battery on a household member. He has no prior convictions, never before been arrested and I don't believe has even ever had a speeding ticket. His father-in-law is not pressing charges and has even told the police that the whole disagreement was his fault. What is the likelihood that my brother will get jail time? Does he need a lawyer to accompany him to his arraignment? And when asked by the judge, should he just plead guilty?


Asked on 9/03/10, 9:41 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If there was no injury, jail time is unlikely. The bigger problem is that if he is convicted, he may never again possess a firearm, explosive device, or ammunition. If that is important to him, then he should consult an experienced criminal defense lawyer where he lives.

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Answered on 9/23/10, 5:35 pm


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