(o) any of the following offenses, when the nature of the offense and the resulting harm are such that the court judges the crime to be a serious violent offense for the purpose of this section: ...
4) fourth degree aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978
Therefore, if the court makes a finding that the circumstances of the offense are sufficiently serious, he can rule that your friend's violation is a serious felony, which would mean he would be eligible only for the lesser behavior credits and would have to do more time. If there was no assessment by the court at the time of his sentencing, he should be eligible for the 30 days per month credit because the court did not "judge the crime to be a serious violent offense". Therefore, unless and/or until the department of corrections has told him otherwise, it would not seem to be a good idea to ask the court to reconsider the issue
Good luck to you and your friend as he serves out his sentence.
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