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Response to niyad (Reply #36)

Tue Jun 16, 2020, 10:23 AM

47. It is typically better to review the text of a statute ...

 

rather than trying to go by what the statute title “sounds like.”

30-3-5. Aggravated battery.

A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another.

B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

C. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.


It appears that in New Mexico, if you shoot someone and injure them (unlawfully), and the prosecutor cannot prove an intent to kill, aggravated battery would be an appropriate charge.

I’m curious what the circumstances were that would warrant such a charging decision. Perhaps he got in an altercation with one person, shot at that person, missed that person and injured some bystander? I really don’t know.

We need every protester who is comfortable with firearms to come to protests armed. Don’t let the right wing militia murder us in the streets under police protection ... “armed friendlies” as the police call these right wingers.

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