Assault and Battery Lawyer New Mexico
How Our Assault and Battery Lawyer New Mexico Can Help ?
Both Assault and Battery can be charged as Misdemeanors or Felonies in New Mexico and can carry harsh penalties. With an Aggressive and accomplished Criminal Defense Lawyer on your side you have a much better chance of getting the charges against you dropped or reduced.
At Raymon Law Group, we never forget that one mistake or misunderstanding can put a person on the wrong side of the Criminal Justice System. We believe you deserve strong representation to protect your future. If you are facing Assault and Battery charges in Albuquerque, call an aggressive Criminal Defense Lawyer at to Schedule a Free Consultation. We can explain your options under the law.
Why Choose Our Assault and Battery Attorney?
1. Experienced Defense
2. Aggressive Representation
3. Personalized Attention
4. Proven Track Record
What is Assault and Battery
Assault
Assault is defined under New Mexico law as one of the following offenses:
- Attempting to commit a Battery on another person;
- Threatening or displaying conduct that another person interprets as believing a Battery will occur; or
- Using assaultive language to another which might harm their honor or reputation;
- Assault is generally considered a petty misdemeanor with a punishment range of up to 6 months in jail and up to a $500 fine.
However, Aggravated Assault is much more serious and involves one of the following offenses:
- Unlawfully Assaulting or striking someone with a deadly weapon;
- Committing an Assault while wearing a mask or otherwise disguised; or
- Willfully and intentionally Assaulting someone with the intent to commit a felony (e.g. robbery, burglary, murder).
Aggravated Assault can lead to a fourth-degree felony charge, with a punishment range of up to 18 months in prison and up to $5,000 in fines.
Battery
Battery is different from assault in New Mexico because it involves actual touching. Assault typically involves only the attempt to commit a battery or the threatening of a battery. Battery is defined under New Mexico law as the “unlawful, intentional touching or application of force to another in a rude, insolent, or angry manner.”
Battery is classified as a petty misdemeanor with up to 6 months in jail and a fine of up to $500.
Aggravated Battery is also quite different from both assault and ordinary Battery because it is the touching of a person with the intent to injure. If you do commit Aggravated Battery and it results in great bodily harm or you commit Aggravated Battery with a deadly weapon or in a way that could cause bodily harm, you could face up to a Third-Degree Felony charge.
If you commit aggravated battery that does not cause death or great bodily injury but does result in painful temporary disfigurement or loss or impairment, it is usually charged as a Misdemeanor Offense.
How Is Homicide Classified in New Mexico?
What Is the Difference Between Assault and Manslaughter?
- Third degree Assault: This is the least serious degree of assault. It involves knowingly or recklessly causing bodily harm to another person or threatening someone in a menacing way.
- Second degree Assault: If a dangerous instrument is used in an assault, it is charged in the second degree.
- First degree Assault: This most serious degree of assault occurs when a person knowingly or intentionally causes serious bodily harm to another person. It is left up to the court to decide what constitutes serious bodily harm.
What Are the Defenses Against Assault and Battery Charges?
Self-Defense
You may argue that you were acting in self-defense to protect yourself from harm. To prove self-defense, the force used must be reasonable and proportional to the threat faced.
Defense of Others
If you were defending another person from harm, you might have a valid defense. Similar to self-defense, the force used must be reasonable in protecting someone else.
Consent
In certain situations, consent can be used as a defense. For example, if the alleged victim consented to the contact (such as in sports), you may be able to argue that the act was consensual.
Lack of Intent
Assault and battery charges often require proof of intent. If you can demonstrate that your actions were accidental and lacked criminal intent, this could serve as a defense.
False Accusations
If the alleged victim is lying or has misunderstood the situation, you may be able to prove that the charges are based on false accusations.
Insufficient Evidence
In some cases, the prosecution may not have enough evidence to support their case. A skilled battery defense attorney may highlight any inconsistencies or lack of evidence to weaken the prosecution's argument.
Albuquerque Assault and Battery Lawyer
With over two decades of combined experience, our team of criminal defense attorneys is dedicated to providing exceptional legal representation for clients facing assault charges in New Mexico. We take the time to understand the specifics of your case, carefully analyzing every detail to build a strong defense strategy.
Representing yourself in the face of assault or sexual assault charges can be a costly mistake. A simple error in the courtroom could lead to years of prison time and substantial fines. Trust the experts at Raymon Law Group to safeguard your rights and future.
Contact us today to schedule a consultation with an experienced assault lawyer. Let us guide you through the legal process and help you achieve the best possible outcome.
Location Served
We Represent
Individuals & Families
throughout New Mexico
Raymon Law Group’s Albuquerque Criminal Defense lawyers are based at our main office in the heart of downtown Albuquerque at 500 Marquette Ave. NW, Ste. 1200.
We also have our Office at Santa Fe located at 150 Washington Ave, Suite 201
Frequently Asked Questions
Criminal Defense Practice Areas
During your Free Strategy Session and Case Review, The Criminal Defense Attorneys at Raymon Law Group will advise you on the best way to resolve your case.
Criminal Defense attorney New mexico
