Albuquerque Assault Defense Attorney

Assault and battery in New Mexico are serious crimes that are punishable by prison, probation, restitution, or all three. If you are charged with assault, battery, or any other form of assault in New Mexico, it would be in your best interests to retain the help of an experienced Albuquerque assault defense lawyer. At the Law Offices of Edward Chavez, Jr. , we have more than 30 years of experience defending individuals throughout New Mexico in matters of personal injury and criminal defense. If you believe that you have been wrongly accused a crime you did not commit, contact our legal defense team today.

Definition of Assault in New Mexico

In New Mexico, “assault” does not actually involve physical contact. Assault refers to the attempt to commit a physical attack or to the intentional threats, words, or actions used to invoke fear of impending violence. For example, threatening to hit or kick someone would be considered assault. Assault is a petty misdemeanor in New Mexico and is punishable by no more than a slap on the wrist.

Battery in New Mexico

Assault may refer to threats, but battery refers to the carrying out of those threats. A person who is guilty of battery, which may include punching, hitting, kicking, or physically assaulting someone without the use of deadly weapons, may be sentenced to jail time, probation, and/or ordered to pay a fine.

Other Types of Assault in New Mexico

Assault is generally a petty misdemeanor, but it can quickly become a misdemeanor or even felony if certain circumstances are present. For instance, if a person commits assault with the intent to commit a violent felony, he or she may be charged with a third-degree felony. There is also such a thing as domestic assault, which refers to threats, words, or actions used to make a household member feel afraid, as well as assault on school employees, sports officials, healthcare providers, and workers. The latter types of assault are treated much more seriously and carry a greater punishment.

Penalties for Assault and Battery in New Mexico

Just because assault is considered a petty misdemeanor does not mean that the crime is treated lightly. If you are convicted of simple assault in New Mexico, you face the following penalties:

  • Up to six months in jail;

  • A fine of up to $500, or both; and

  • Up to six months of probation.

If you are found guilty of simple battery, you face more or less the same penalties. However, if you are convicted of misdemeanor battery, your punishment may entail one or more of the following:

  • Up to one year in jail;

  • A fine of up to $1,000, or both; and

  • Up to one year of probation.

The Right Lawyer can Help Defend Your Rights and Your Freedom

If you were charged with assault or battery in New Mexico, do not treat the charges lightly. Retain the help of an aggressive Albuquerque criminal defense attorney to help fight the charges against you and ensure that you are not convicted of a crime which you did not commit. Contact the Law Offices of Edward Chavez, Jr., to discuss your defense options today.