Albuquerque Assault and Battery Attorney

If You are Facing Criminal Charges for a Violent Crime, You Need a Skilled Criminal Defense Lawyer on Your Side

Being charged with a crime can be a troubling experience, especially if that crime is a violent crime like assault and battery. If you are convicted, you may face a large fine, time spent incarcerated, and other severe consequences. Which is why if you are facing criminal charges, the first thing that you should do is call an experienced Albuquerque criminal defense lawyer . At The Law Offices of Edward Chavez, Jr., our attorney can help you.

What Constitutes Assault and Battery in New Mexico?

There are three different actions that may constitute an act of assault in New Mexico, as found in New Mexico Code Section 30-3-1:

  • Attempting to commit battery on another person;

  • Committing an unlawful act or threatening or menacing conduct that causes a person to reasonably believe they are in danger of battery; or

  • Using offensive language against another so as to “impugn” their honor or reputation.

The above acts constitute a petty misdemeanor. An act of aggravated assault occurs when one party hits or attacks another with a deadly weapon, threatens another person while wearing a hood or mask, or willfully and intentionally commits assault with the intent to commit a felony.

Battery is separately defined in New Mexico. While assault is defined as the attempt to cause or threat of physical harm, a crime of battery occurs when another person unlawfully touches or applies force to another. Aggravated battery occurs when the battery is committed with the intent to cause harm or actually does cause harm or disfigurement or does so with the use of a deadly weapon.

What are the Penalties for Assault and Battery?

While a petty misdemeanor is only penalized with a fine of up to $500 and a term of imprisonment not to exceed six months, aggravated assault and battery is much more serious. To be sure, aggravated assault is considered a fourth-degree felony in New Mexico, which can result in up to 18 months in prison and a larger fine of up to $5,000. Aggravated battery that results in “great bodily harm” or that is committed with a deadly weapon is a third-degree felony, the penalty for which is up to three years in prison.

How to Protect Yourself if You are Facing Criminal Charges

If you are facing criminal charges, the best thing that you can to do protect your right to be found innocent until proven guilty and to mitigate the harshest of sentencing should be convicted is to call an experienced criminal defense lawyer . Our attorney can help you to understand your options for defense (such as making a claim of self-defense) as well as options for negotiating a plea bargain (where you plead guilty in exchange for a lesser sentence or conviction).

To schedule your consultation with our Albuquerque criminal defense attorney Ed Chavez, please call our law firm directly or send us a message describing your situation. Our attorney speaks Spanish and has been defending clients like you for more than 30 years.