Battery involves physical contact with a person. Since battery is a violent crime, there are serious consequences if a person is convicted. If you are charged with battery, seeking an experienced criminal defense lawyer will greatly improve your chances of successfully defending the charges against you. Protect yourself and your rights by retaining a skilled attorney to defend you in the criminal case.
New Mexico Battery (Misdemeanor) Charges
Battery is unlawfully touching or hitting another person in an offensive, rude, harmful, or forceful manner. Actual physical contact must have occurred. The accused must have intentionally touched the other person.
New Mexico Battery (Misdemeanor) Punishment
A simple battery charge carries a maximum of six months jail sentence. A person convicted of simple battery may also be required to pay up to a $500 fine and spend up to 6 months on probation. The court can use its discretion when sentencing a person. The court takes the person’s criminal record and what occurred during the particular incident into consideration when deciding the type of sentence that will be imposed.
New Mexico Aggravated Battery (Felony) Charges
Aggravated battery is a more serious criminal offense than simple battery. Aggravated battery involves the touching or physical contact of a person with the intent to cause an injury. Aggravated battery may be charged as either a full misdemeanor carrying up to 364 days in jail or as a felony carrying up to three years in prison. Felony aggravated battery charges involve the use of a deadly weapon that either caused or could have caused great bodily harm to the other person.
If the accused did not intentionally make physical contact with the person, then the accused did not commit battery. If the accused made contact without the intent of acting in an offensive or harmful manner, then the criminal intent doesn’t exist. Valid defenses also include acting in self-defense or preventing other people from being harmed.