30-3-15.
Battery against a household member.
A. Battery against a household member consists of
the unlawful, intentional touching or application
of force to the person of a household member, when
done in a rude, insolent or angry manner.
B. Whoever commits battery against a household member
is guilty of a misdemeanor. |
Judge:
Is your name Joseph Panda?
Joe: Yes, your Honor.
Judge: Do you currently
reside at 10 Camino del Hombre, Santa Fe?
Joe: Yes.
 |
Judge:
If you should move at any time prior to the final disposition
of this matter, please promptly inform the Court of
your new address.
This proceeding is called an arraignment. The main purpose
of this proceeding is for you to enter a plea to the
charges against you. I will inform you of the charges
and then you will have a responsibility to enter a plea
to the charges of either guilty, not guilty or no contest.
First, I will go over your rights in these proceedings.
You have the right to remain silent and to be presumed
not guilty. You have the right to plead not guilty and
proceed to trial. At a trial, you would have the right
to confront and cross examine all of the prosecution’s
witnesses. You have the ability to subpoena and call
your own witnesses and to testify in your own behalf.
Additionally, you have the right to be represented at
all proceedings by an attorney. If you cannot afford
to hire an attorney, the court may appoint a public
defender to represent you.
Do you understand these rights?
Joe: Yes.
Judge: If you plead guilty
or no contest, you will be waiving your right to a trial,
your right to be represented by an attorney, your right
to confront and cross-examine the witnesses against
you, your right to present evidence in your own behalf
and to have the court subpoena witnesses of your choosing,
your right to remain silent and your right to be presumed
innocent beyond a reasonable doubt.
Mr. Panda, you are charged with assault and battery
against a household member under New Mexico statutes
§30-3-12 and §30-3-15, arising out of an incident
that took place on March 30, 2003 at 5 Calle de la Esposa
in Santa Fe. Assault upon a household member is a petty
misdemeanor, for which there is a maximum penalty of
up to six months in jail or a fine of up to $500 or
both. Battery against a household member is a misdemeanor
charge, for which there is a maximum penalty of up to
one year in jail or a fine of up to $1000 or both.
Have you received a copy of the complaint?
Joe: Yes, I have, your
Honor.
Judge: Do you have any
questions regarding this proceeding?
Joe: No.
Judge: How do you plead
to the charges?
Joe: Not guilty.
Judge: Can you afford
to hire an attorney?
Joe: I’m not sure.
Judge: Do you wish to
request the appointment of a public defender?
Joe: I think so. Probably.
Judge: The clerk will
give you the papers to fill out in order to request
a public defender. You will need to provide financial
information in order to show that you cannot afford
to hire an attorney.
Joe: All right.
Judge: Has there been
any order of protection issued that is related to this
case?
Prosecutor: Yes, your
Honor. I believe that a copy of that order is in the
file.
Judge: All right. Now
I will inform you of the conditions of your release.
Based upon the information before this court about you
and about the offense, it is my determination that the
following conditions of release will be imposed. |