Criminal Law Questions? Ask a Criminal Lawyer.
(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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).