Facing assault and battery charges in Los Lunas, New Mexico, can be overwhelming. With violent crime on the rise across the state, law enforcement and prosecutors are more aggressive in pursuing convictions. Between 2012 and 2022, violent crime in New Mexico increased by 40%, reaching a rate of 780 incidents per 100,000 residents in 2022—105% higher than the national average. These statistics include increases in aggravated assault, which rose by 44%, and homicides, which jumped by 115%. The bottom line is that New Mexico sees more than its fair share of violent crime. Police and prosecutors know this, which is why they take an especially aggressive approach to assault and battery crimes.
If you’re charged with assault or battery, the stakes are high. Both offenses can have severe consequences, including jail time, steep fines, and a lasting criminal record. Whether your case involves a misdemeanor or felony charge, acting quickly to understand your legal options and secure skilled representation from an assault and battery lawyer is critical. The lawyers of the New Mexico Criminal Law Offices are here to help. Contact our team of lawyers for assault charges today to discuss your case and learn how we can protect your rights and work toward the best possible outcome.
What Are Assault and Battery Charges?
Under New Mexico law, assault and battery are separate crimes often charged together. Assault involves the threat of harm, such as raising a fist or making a threatening statement that causes someone to fear for their safety. Physical contact is not required for an assault charge. Battery, on the other hand, involves intentional physical contact that is harmful, offensive, or otherwise unwelcome. This includes actions such as hitting, shoving, or striking another person.
Charges for assault and battery can range from misdemeanors to felonies, depending on the severity of the offense and whether any aggravating factors are present. For example, using a weapon, targeting a protected individual, or causing serious injury can elevate charges to aggravated assault or aggravated battery, both of which carry harsher penalties.
Given New Mexico’s higher-than-average rates of violent crime, law enforcement agencies often prioritize these cases. Knowing the specific charges you face and their potential consequences is essential to developing an effective defense strategy.
Penalties for Assault in New Mexico
Assault charges in New Mexico can range from misdemeanors to felonies, depending on the circumstances of the offense. Simple assault is a misdemeanor and involves threats or attempts to cause harm without physical contact. It is punishable by up to six months in jail and a $500 fine. Aggravated assault, however, is much more serious. This charge is typically a fourth-degree felony and applies when a deadly weapon is used, or there are other aggravating factors, such as intent to commit a violent felony. Convictions for aggravated assault can lead to penalties of up to 18 months in prison and a $5,000 fine.
The severity of penalties reflects New Mexico’s rising violent crime rates, particularly for offenses like aggravated assault. Courts in Los Lunas often take a hard stance on these cases, particularly when the victim is a vulnerable individual or when weapons are involved. Having an experienced attorney can help you challenge the evidence, reduce charges, or negotiate sentencing alternatives to minimize the impact on your life.
Penalties for Battery and Aggravated Battery in New Mexico
Simple battery is a misdemeanor, punishable by up to six months in jail and a $500 fine. Aggravated battery, on the other hand, ranges from a misdemeanor to a second-degree felony, depending on the extent of the victim’s injuries. For instance, a second-degree felony aggravated battery charge could result in up to nine years in prison.
The courts in Los Lunas treat aggravated battery particularly seriously, especially when significant injuries or weapons are involved. With New Mexico’s violent crime rate being 105% higher than the national average, prosecutors often push for harsh penalties. A skilled defense attorney can help you develop strategies to mitigate the consequences, whether by negotiating reduced charges or advocating for alternatives like probation.
How Can Assault and Battery Lawyers Help?
An experienced assault and battery lawyer is your best ally when facing such charges in Los Lunas. They analyze the evidence, identify weaknesses in the prosecution’s case, and craft a defense tailored to your situation.
For example, a lawyer may argue that you acted in self-defense or defense of others. If you reasonably believed you were in imminent danger, your actions may be justified under New Mexico law. Similarly, your assault attorney can challenge the credibility of witnesses, question the validity of evidence, or argue that your actions were unintentional.
Having a skilled lawyer is especially important in cases involving aggravated charges. Prosecutors often push for harsher penalties in these situations, but a strong defense can reduce the charges or even lead to a dismissal.
Building a Defense Against Assault and Battery Charges
The defense strategy in your case will depend on the specific circumstances of the incident. Common defenses include:
- Self-defense or defense of others—demonstrating that you acted to protect yourself or someone else from immediate harm;
- Consent—proving that the alleged victim consented to the physical contact, such as in a sports setting;
- Lack of intent—arguing that any physical contact was accidental and not intended to cause harm; and
- Mistaken identity—establishing that you were misidentified or wrongly accused of being involved in the incident.
Your attorney will carefully examine all aspects of your case, including police reports, witness statements, and physical evidence, to build the strongest possible defense. By presenting a clear and compelling argument, they can help reduce the charges or minimize the penalties you face.
Are You Facing Charges Related to an Alleged Assault and Battery?
If you were recently arrested and charged with a violent crime, having an experienced Las Lunas assault and battery lawyer by your side can make the difference in your case. At the New Mexico Criminal Law Offices, we have decades of experience aggressively defending the rights, freedoms, and futures of good people charged with serious crimes. We know what it takes to secure the best possible outcome in even the toughest cases–and will provide you with support and guidance at every step of the way. To schedule a free consultation today call the New Mexico Law Offices or connect with a Las Lunas assault and battery lawyer by completing our online contact form.