Criminal Assault in New Mexico: Penalties and Defenses

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In New Mexico there are many variations of the crime of assault.  Misdemeanor assault is defined as an attempt to commit a battery on a person or any unlawful act, threat, or menacing conduct that causes another person to reasonably believe that he or she is in danger of being immediately battered. Aggravated assault is a fourth degree felony and occurs when an individual unlawfully assaults or striking another person with a deadly weapon or by menacing another while wearing a mask or hood upon the face or by willfully assaulting another with an intent to commit a felony.

Penalties for Assault

The penalties for assault will differ depending on whether or not the defendant is being convicted of a misdemeanor or a felony. If the defendant is convicted of a misdemeanor, the penalties will include

imprisonment in the county jail for less than one year ; and a fine of one thousand dollars.   If a defendant is found guilty of aggravated assault, then the penalty will be for a fourth degree felony.  Fourth degree felonies come with an 18-month prison term. The maximum fine amount is five thousand dollars.

Defenses to Assault

There are  a number of defenses that a defendant charged with an assault can raise.  These defenses could absolve a defendant of liability.  They include involuntary intoxication that doesn’t allow a person to determine right from wrong, insanity, or duress where a person is forced to engage in criminal conduct out of fear of seriously bodily injury, imminent death or force. 

Seeking Legal Help

If you are ever charged with a crime, be sure to contact an attorney as soon as possible.  Only a licensed attorney in your area can provide you with the legal guidance you will need.  Don’t try to handle a criminal matter alone, make sure you seek legal help.