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Zoey, JD
Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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woman has 8 felony charges of assult with deadly weapon (car)

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woman has 8 felony charges of assult with deadly weapon (car) on 6 different police officers with 3 year old child in back seat not in car seat. will she be punished right now she has been ROR.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Zoey, JD replied 8 months ago.
Hi Jacustomer,

These are very, very serious charges. And in my experience if she was released on her own recognizance at arraignments (no bail set and made) there is likely something very, VERY VERY wrong with the state's case here.

If she's been ROR'd she should be able to fight this case while at liberty. In order to set bail on her now, there would have to be a change for the worse with regard to the facts of case. I can't promise that won't happen, but it usually doesn't. As long as she makes her court appearances when she's supposed to, she should get to stay out unless she's convicted of the charges.

If
Customer: replied 8 months ago.

I am wanting to know what kind of charges or punishment can she get she thinks she is going to walk with an insanity plea. the police have everything on video.

Expert:  Zoey, JD replied 8 months ago.
Thanks for clarifying.

Did she actually hit any of these officers or their cars? Was she actually arraigned on these charges or arrested for this and arraigned on lighter charges?

Does she have any other criminal history?

Once you let me know, i'll look over the law
Customer: replied 8 months ago.

she tried to hit on office with car when he was out of vehicle and then swerved right into it then in her chase to get away she tried to hit several other officers cars and then when she was finally cornered she hit a female officer that was trying to cuff her. she has two other child abuse charges on her.

Expert:  Zoey, JD replied 8 months ago.
Hi,

Thank you for the details.

This looks like Aggravated Assault upon a Peace Officer. I have linked you to the statute. It is a third degree felony in New Mexico.

The penalty for a third degree felony is anywhere from up to 2 years of prison to 6. However, she has 6 counts of this charge, because she allegedly targeted 6 different officers. So, she could, theoretically face 12 years of prison on the low end or 36 on the high end, if convicted on all counts and then they were run consecutively rather than concurrently.

This is why I said to you that it sounds like something must be wrong with the case. Facing this kind of potential time, even on a first arrest, I would expect very high bail to have been set.

Whether these counts are likely to be consecutive will depend in part on whether this was one act or 6 separate acts. From the way you describe it, there are at least two. The hitting an officer while she was being cuffed is not as serious asusing a car to try to mow one down.

Without seeing the video and having the exact information about this case that this woman's lawyer does, I can only guess. But it's safe to say she could risks anywhere from as little as 2 years for all this or as much as 36.


Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15181
Experience: 18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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