Domestic violence advocates push to define strangulation in existing law
Created: 01/25/2015 9:32 PM
By: Stephanie Claytor, KOB Eyewitness News 4
Carlos Martinez is a prime example of why domestic violence advocates are trying get strangulation and suffocation clearly defined in New Mexico law. Martinez is accused of strangling his girlfriend’s 14-year-old son. The judge gave the convicted felon a $100,000 cash-only bond, but since strangulation isn’t specifically outlined in our criminal or civil code, domestic violence advocates fear his child abuse charge could be pleaded down to a lesser crime.
New Mexico is one of only six states that don’t have strangulation or impeding breathing statute.
It’s something the New Mexico Coalition against Domestic Violence has been fighting for over the past three or four years. This year, the coalition has a new approach-adding the definition of strangulation and suffocation to three existing statutes.
“Our intent there, in cases like this, is to make it easier to charge these cases appropriately, to enhance the conviction rate, and most importantly, to be able to get people the medical help that they need,” said Policy Coordinator Lisa Weisenfeld.
The coalition against domestic violence has been working with State Senator Daniel Ivey-Soto to introduce and pass a bill that would add the definition of strangulation and suffocation to three statutes: aggravated battery against a household member, child abuse and neglect, and the Family Violence Protection Act.
Read more here: http://www.kob.com/article/stories/s3687451.shtml#.VMaGAEvwuUk