Being charged with assault can be very stressful. It can have a negative impact on your life in many ways. Assault is defined as causing another person to be reasonably apprehensive of imminent offensive or harmful contact. Charges may be included with battery charges. New Mexico Legal Group helps people who are charged with assault. We will use an effective legal strategy to help you from receiving a negative outcome in the case.
New Mexico Assault (Misdemeanor)
There are several types of behavior that are classified as assault, according to New Mexico laws. Assault is:
- Intentionally engaging in verbal threats or other types of conduct that cause a reasonable fear of being hurt during that moment
- Attempt to touch someone in an offensive or harmful manner
- Making offensive comments about a person’s reputation, gender, race, religion, or sexual orientation
New Mexico Aggravated Assault (Felony)
Aggravated assault is considered a more serious offense because it tends to accompany a harmful physical act that causes serious bodily injury. Aggravated assault includes:
- Intentionally assaulting someone while planning to commit a felony offense
- Making someone feel reasonable apprehension of harm while holding or using a deadly weapon
New Mexico Assault (Misdemeanor) Punishment
Misdemeanor assault conviction can entail a maximum $500 fine. It may also include a maximum 6 months jail sentence and up to 6 months of probation. If the accused is convicted of committing battery as well, the sentence will be more extensive.
New Mexico Aggravated Assault (Felony) Punishment
The punishment for an aggravated assault conviction is a maximum 18 months imprisonment, fines and probation. If a battery conviction was included in the case, the punishment for battery will be added to the aggravated assault sentencing.
Defenses To Assault Charges
A defense for an assault case is proving that the accused did not intend to cause a person to feel apprehensive of harmful or offensive contact. Depending on the facts of the case, it can also be shown that the accused could not have possibly caused immediate harm to the person. We can also dispute if the apprehension the other person felt was reasonable considering the circumstances.