In New Mexico, assault is defined as an attempt to commit battery, any unlawful act, threat, or menacing conduct that causes another person to reasonably believe they are in danger of receiving an immediate battery. Battery, on the other hand, involves the unlawful, intentional touching or application of force to another person when done in a rude, insolent, or angry manner. Essentially, assault is the threat or attempt, while battery is the actual physical contact.

Penalties for assault and battery in New Mexico vary based on the severity of the offense and any prior criminal history. Simple assault is typically charged as a petty misdemeanor, punishable by up to six months in jail and fines up to $500. Aggravated assault, which involves the use of a deadly weapon or intent to commit a felony, is a fourth-degree felony, carrying potential imprisonment of up to 18 months and fines up to $5,000. Battery charges can range from misdemeanors to felonies, with aggravated battery resulting in more severe penalties, especially if serious bodily harm is inflicted.

Yes, self-defense is a common defense against assault and battery charges in New Mexico. To successfully assert self-defense, it must be shown that you had a reasonable belief that force was necessary to protect yourself from imminent harm, and that the force used was proportionate to the threat faced. It's important to provide evidence supporting this claim, such as witness testimony or physical evidence from the scene.

Aggravated assault in New Mexico involves unlawfully assaulting or striking at another with a deadly weapon, or committing assault while disguised in a manner to conceal identity, or with intent to commit a felony. Aggravated battery consists of the unlawful touching or application of force to another with intent to injure that person or another. The severity of the charge depends on factors such as the use of a weapon and the extent of injuries caused.

Having experienced legal representation is crucial when facing assault or battery charges due to the complexities of the law and the potential for severe penalties. An attorney can evaluate the specifics of your case, identify possible defenses, and more.