Albuquerque Assault Lawyers
Assault & Battery
In New Mexico, assault and battery are two separate crimes carrying separate punishments. Although both crimes may involve violent or harmful injuries to another, the difference lies in whether there is actual physical contact. Albuquerque assault lawyers define assault as causing another person to be reasonably apprehensive, or fearful, of imminent offensive or harmful contact. A battery is when a person actually uses and intends any willful and unlawful force or violence upon someone else.
Misdemeanor assault: intentionally engaging in verbal threats or other types of conduct to cause reasonable fear of harm during that moment; attempting to touch someone in a harmful/offensive manner; or, making offensive comments about a person’s reputation, gender, race, religion, or sexual orientation. Penalties include up to $500 fine and/or 6 months probation or jail.
Aggravated assault (felony): intentionally assaulting someone while planning to commit a felony offense; or, making someone feel reasonable apprehension of harm while holding or using a deadly weapon. Penalties include up to 18 months imprisonment and $5,000 fine.
Simple battery: unlawful and actual touching or hitting another person in an offensive, rude, harmful or forceful manner. Penalties include up to $500 fine and/or 6 months probation or jail.
Misdemeanor aggravated battery: touching or physical contact of a person with the intent to cause an injury. Penalties include up to a year imprisonment and $1000 fine.
Felony aggravated battery: involves the use of a deadly weapon or other force that caused or could have caused great bodily harm. Penalties include up to three years imprisonment and $5000 fine. If a firearm is used, a one year firearm enhancement is added.
For assault charges, knowledgeable Albuquerque assault lawyers may argue that the accused did not intend to cause a person to be apprehensive of being harmed or, depending on the circumstances, the accused could not have caused imminent harm.
For battery charges, experienced Albuquerque battery lawyers may argue that the accused did not intend to make physical contact or, if the physical contact was intended, the accused did not intend to act offensively or harmful. Another argument is self-defense or defense of others.
Finding Albuquerque Assault Lawyers For Your Case
For more information, contact the top rated Albuquerque Assault Lawyers from Twohig Law Firm at (505) 898-0400 for a free consultation today!