Alcohol & Drugs: MIP, MIC, Intoxication Providing alcohol to a minor

[Supvato]

For my girlfriend's birthday some guy let her and a friend of hers throw a party a his house. The owner of the party invited people that we didn't know. My girlfriend bought a keg, but other people took their own beer as well.
A fight broke out and a guy that was invited by the owner of the house threw a glass cup at me and cut me in the neck. It turned out this guy was a minor. I want to press charges, but I am afraid that his parents could try pressing charges against my girlfriend for providing beer to their son.

He came in with a 'forty,' but I am not sure if he drank from the keg after he finished the beer he brought. Also, because the owner of the house was nice enough to let us throw a party at his house, we were letting his guests get beer from our keg.

Do you think charges could be pressed and a case made against my girlfriend for 'providing beer to a minor'? Thank you!

 

[raskalnikov]

I think you should just call the whole thing a wash and forget about it. Not worth the possibility of getting your girlfriend in trouble.

 

[Supvato]

I have thought about that, but the hospital bills is my main concern. I think I will have over 7 grand on bills, and I honestly can't afford that.

 

[raskalnikov]

Contact a criminal defense attorney. This is the kind of case that varies by State, and sometimes even county.

Good Luck!

 

[Supvato]

Raskalnikov,

Thanks for the advice. After some research I found a chart with the laws of under-21 alcohol offenses and I think it would be hard for the to charge my girlfriend. The law says:

Law: Felony (4th degree): (Liquor Control Act, applies to age 18 or over) To knowingly A(1) sell, serve or give alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises; (2) buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor; (3) deliver alcoholic beverages to a minor; or (4) aid or assist a minor to buy, procure or be served with alcoholic beverages," 60-7B-1A. Minor here means someone under 21 years of age, 60-7B-1E.
Felony (4th degree): Contributing to the Delinquency of a Minor: any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years, 30-6-3. (See State v. Perea, 2001-NMSC-026, 130 N.M. 732, 31 P.3d 1006, for further information.)
Fine: Felony: (4th Degree) Up to $5,000, 60-7B-1F, or 30-6-3, and 31-18-15E(8)
Jail: Felony (4th Degree): 18 months prison, 60-7B-1F, or 30-6-3 and 31-18-15A(9)

Neither myself nor my girlfriend were aware he was underage. The only one that knew was probably the owner of the house. Sometimes I can interpret the law in one way and the judge in another way. Any thought on the case using based on this excerpt of the law would be appreciated. Thanks again for your time.

 

[Supvato]

Raskalnikov,

Thanks for the advice. After some research I found a chart with the laws of under-21 alcohol offenses and I think it would be hard for the to charge my girlfriend. The law says:

Law: Felony (4th degree): (Liquor Control Act, applies to age 18 or over) To knowingly A(1) sell, serve or give alcoholic beverages to a minor or permit a minor to consume alcoholic beverages on the licensed premises; (2) buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor; (3) deliver alcoholic beverages to a minor; or (4) aid or assist a minor to buy, procure or be served with alcoholic beverages," 60-7B-1A. Minor here means someone under 21 years of age, 60-7B-1E.
Felony (4th degree): Contributing to the Delinquency of a Minor: any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years, 30-6-3. (See State v. Perea, 2001-NMSC-026, 130 N.M. 732, 31 P.3d 1006, for further information.)
Fine: Felony: (4th Degree) Up to $5,000, 60-7B-1F, or 30-6-3, and 31-18-15E(8)
Jail: Felony (4th Degree): 18 months prison, 60-7B-1F, or 30-6-3 and 31-18-15A(9)

Neither myself nor my girlfriend were aware he was underage. The only one that knew was probably the owner of the house. Sometimes I can interpret the law in one way and the judge in another way. Any thought on the case using based on this excerpt of the law would be appreciated. Thanks again for your time.