Santa Fe Assault and Battery Lawyers
Knowledgeable Santa Fe Assault and Battery Attorneys Ready To Fight For You
Violent crimes, such as assault and battery, are some of the most common criminal offenses in New Mexico, and specifically in Santa Fe. According to the Federal Bureau of Investigation, 369 out of every 100,000 people are affected by violent crime. However, more than 394 people out of every 100,000 reported being the victim of violent crime in Santa Fe. Thus, the rate of violent crime in Santa Fe is approximately seven percent higher than the national average. Not surprisingly, police and prosecutors take allegations of New Mexico assault and battery very seriously. However, those facing a Santa Fe violent crime should not lose hope.
At the New Mexico Criminal Law Offices, aggressively defend clients facing all types of New Mexico violent crimes. With more than 22 years of experience successfully defending our clients’ rights, our Santa Fe assault and battery lawyers know what it takes to create a compelling defense against even the most serious crimes.
Assault and Battery Crimes in New Mexico
While the crimes of assault and battery are frequently used interchangeably or confused with one another, they are two different offenses, each with their own elements. Historically, under the old Common Law, an assault was defined as an intentional act that created apprehension in another of an imminent harmful or offensive contact. In plain English, an assault is an action that puts another in fear of physical harm. On the other hand, battery involves unlawful, physical contact with another person. Notably, no actual contact is required to commit an assault.
New Mexico Assault & Battery Laws
New Mexico criminal law follows the common law definition of assault and battery. However, there are a few nuances of each that are important to understand.
Under New Mexico Statutes section 30-3-1, an assault includes the following:
- An attempt to commit a battery;
- Engaging in an illegal act causing another to believe they will experience harmful or offensive physical contact; or
- Using insulting language impugning the “honor, delicacy or reputation” or another person.
A New Mexico assault offense carries a possible punishment of up to six months incarceration and a fine of $500.
Under New Mexico Statutes section 30-3-1, a battery consists of an “unlawful, intentional touching” of another, when committed in a “rude, insolent or angry manner.” In terms of punishment, a Santa Fe battery offense carries a possible term of six months in jail and a fine of up to $500.
Aggravated Assault & Battery
In their most basic form, both assault and battery are misdemeanor offenses. However, each of these crimes has an “aggravated” version, which may constitute a felony offense. There are three types of aggravated assault:
- Committing an assault with a deadly weapon;
- Committing an assault while wearing a mask; and
- Committing an assault while committing a felony.
An aggravated assault is a fourth-degree felony and is punishable by up to 18 months of incarceration and a fine of up to $5,000.
An aggravated battery requires additional proof that the defendant intended to harm the victim. The seriousness of aggravated battery depends on the defendant’s intent. If the defendant intended to cause “injury,” the crime is a misdemeanor, punishable by one year in jail and a fine of up to $1,000. If the defendant intended to cause “great bodily harm” or used a weapon to commit the battery, the crime is a felony of the third degree, punishable by up to three years in jail and up to a $5,000 fine.
Both assault and battery are very serious crimes that can impact the rest of your life. If convicted of any of these offenses, you may face jail time, probation, and substantial fines.
Reach Out to a Dedicated Attorney of Assault and Battery in Santa Fe
If you were recently arrested and charged with a Santa Fe violent crime, contact the knowledgeable Santa Fe assault and battery attorneys at the New Mexico Criminal Law Offices.
The court system takes these violent crimes seriously, and you should too. However, do not lose hope; there are a variety of ways to defend against assault and battery crimes. At the New Mexico Criminal Law Offices, our lawyers are skilled negotiators and aggressive trial lawyers. To learn more about how we can help you defend against the allegations you are facing and to schedule a free consultation with experienced assault and battery attorneys in Sante Fe, give us a call. You can also reach us by filling out our online form, and one of our legal team will contact you.