How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience:  15 years exp all aspects of general law
Type Your Legal Question Here...
Legalease is online now
A new question is answered every 9 seconds

what is the penalties for a first offense for domestic violence?

Resolved Question:

what is the penalties for a first offense for domestic violence? same question again if the witness does not appear?
Submitted: 2 years ago.
Category: Legal
Expert:  Legalease replied 2 years ago.

Hello there

 

Can you tell me how severe the domestic violence is in this matter?

 

 

--MARY

Customer: replied 2 years ago.
black eye
Expert:  Legalease replied 2 years ago.

Hello again.

 

While it will certainly help your case and increase the chances of the dismisal if the complaining witnes is unwilling to pursue the charges against you, the prosecutor can still suboeana the complaining witness to court and hold them responsible for testifying against you or the witness can be jailed and/or fined for contempt of court. So, while you would be off the hook, the complaining witness could be sent to jail or fined for refusing to testify in this matter. This is all within the prosecutors discretion so there is no way I can really predictr what will happen here, except that there is no harm in having the complaining witness speak with the prosecutor about their reluctance to testify and there is always then the chance that the prosecutor might not pursue the case against you .

 

As far as the charges go, rdomestic violence charges in NM can be charged as either a felony or a misdemeanor depending upon the severity of the damages -- but typically a first offense will result in a misdemeanor charge against the offender and If the offender has no prior offenses, he or she may be sentenced to an Early Intervention Program, which includes anger management, domestic violence counseling, drug and alcohol counseling or parenting classes. If the offender completes such a program, the prosecution may drop the misdemeanor charges completely.

 

I hope that this information helps. GOOD LUCK

 

--MARY

 

Please press the GREEN ACCEPT BUTTON so I am paid for my time. Just Answer does not pay me anything until you press the ACCEPT button so I appreciate it immensely when my customers honor the honor system here at Just Answer and press ACCEPT to make sure I am paid for my time. Pressing ACCEPT will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for the time I have spent assisting you and I am happy to answer additional follow up questions even after you press ACCEPT. THANK YOU !!

 

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience: 15 years exp all aspects of general law
Legalease and 13 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

I guess basically what we need to know is

 

1) will any charges be brought up against the witness if she can not be located.

 

2)if the witness is located and appears will any jail time awarded against the person accused.

 

3)if the witness is not located will any jail time be used against the person accused.

Expert:  Legalease replied 2 years ago.

Hello again

 

I apologize for the delay -- I went to bed early last night. I am going to answer your questions as you presented them -- my answers are in bold:

 

1) will any charges be brought up against the witness if she can not be located.

Possibly. In most instances the prosecutor will not bother if the witness fails to show but they can bring charges and have a warrant issued for her if they wish to do so (it really depends how badly they want to see you convicted).

 

2)if the witness is located and appears will any jail time awarded against the person accused. If this is a first offense, the person accused will most likely not face any jail time. On subsequent domestic violence charges is when the prosecutor may request jail time.

 

3)if the witness is not located will any jail time be used against the person accused

Again, it is possible if the prosecution has pictures of the witness with the black eye and decides that they want to continue pressing charges against you -- in such a scenario, you or your lawyer must insist that the charges be dismissed because a picture cannot testify -- as far as you are concerned she could have walked into a door and gotten the black eye.

 

Mary

Customer: replied 2 years ago.
what if the witness is not located and can not be found in order to serve. what would happen to the witmess. The witness does not want to testify. In either case with or without the witness would jail time be administered for the person accused of the domestic charge.
Expert:  Legalease replied 2 years ago.

Hello again

 

I cannot tell you these things with 100% certainty because a lot depends upon how far the prosecutor wants to push the matter. If the witness does not appear and the prosecutor cannot reach her by telephone, email or any other means and then she simply does not show up, then the matter could be continued a few times until the prosecutor finally decides to give up trying to find her and will permit the case to be dismissed against the defendant (I had a case where the prosecutor continued the matter 6 times over 2 years and kept insisting to the court that he would get in touch with the witness and she would testify -- then every time the prosecutor started looking for her again, she had to make herself scarce so that he could not find her -- finally after two years the prosecutor dropped the charges!).

 

As far as the person charged goes, again this depends on whether or not the prosecutor wants to continue to pursue the matter against the defendant -- as I said earlier, if it is a first offense and the defendant is found guilty there will be no jail time. After the first offense, the prosecutor might seek jail time depending upon how many prior charges there have been -- and whether all of the charges have been with the same woman -- but you usually have to have a few of these charges before the prosecution will seek jail time.

 

--MARY

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.