In New Mexico, actions such as punching, pushing, or striking another person with an object fall under battery. While these offenses often begin as petty misdemeanors, they can rise to felonies depending on the circumstances: whether the perpetrator intentionally harms the victim, uses a deadly weapon, or targets certain protected individuals.
How New Mexico Defines Battery
In this state, battery is described as the “unlawful, deliberate act of making contact or using force on someone in a disrespectful or hostile manner.” Instances of battery can range from hitting someone during an altercation to more subtle acts like non-consensual touching. It’s essential to understand that genuine battery requires intentional contact. Accidental actions, such as unintentionally knocking someone over, are exempt. However, any unwarranted aggressive touch, even without causing physical harm, can be viewed as battery.
Battery vs. Assault in New Mexico
While battery in New Mexico pertains to actual harmful contact, assault refers to the act of threatening or attempting such contact.
Consequences of Battery in New Mexico
Simple battery, without additional complications, is treated as a petty misdemeanor, leading to potential penalties of up to six months in jail and a fine of $500.
However, committing battery against certain designated individuals can lead to more severe consequences, ranging from misdemeanors to fourth-degree felonies. For instance, offenses against a sports official could result in a misdemeanor with up to 364 days of imprisonment. But, if the victim is linked to educational or healthcare settings, penalties can escalate, potentially amounting to a fourth-degree felony and up to $5,000 in fines.
What Constitutes Aggravated Battery in New Mexico?
Aggravated battery is described as touching someone with harmful intent. Factors influencing the penalties include the nature of injuries caused, the victim’s category, and the involvement of deadly weapons.
Protected Persons: This includes professionals from schools, healthcare, and sports officials while they are on duty.
Degree of Harm: New Mexico distinguishes battery-induced injuries based on their lasting impact. Harm leading to potential fatality or significant damage is dealt with more strictly than minor injuries.
Employment of Deadly Instruments: Weapons can range from conventional items like guns and knives to daily objects, such as baseball bats, which can be lethal if used with malicious intent.
Repercussions of Aggravated Battery in New Mexico
The severity of an aggravated battery act can lead to varying penalties, ranging from misdemeanors to third-degree felonies. Additionally, battery against family members is separately addressed with unique penalties.
Sentencing and Parole Considerations
In New Mexico, the court has the discretion to extend a defendant’s initial sentence by up to one-third, given the presence of aggravating circumstances. Examples of these circumstances include the crime being committed in an unusually cruel way, the victim being of advanced age, or the defendant exhibiting no remorse.
Battery offenses driven by prejudice carry heightened penalties in New Mexico. A first-time felony hate crime may result in an added year to the original sentence, while a second such felony can lead to an extra two years. For offenses categorized as misdemeanors or petty misdemeanors, the judge has the authority to mandate community service, therapeutic treatment, or educational programs for the offender.
New Mexico’s habitual offender statute provides that felony sentences be enhanced dependent upon the number of prior felonies acquired by the defendant. The scheme is as follows:
- An additional year for a single past felony conviction.
- An added four years for two previous felony convictions.
- An increase of eight years for three or more former felony convictions.
Defending Against Battery Charges
Potential defense avenues in battery cases can involve claiming self-defense, challenging the evidence presented by the prosecution, or advocating for lesser charges.
Albuquerque Attorney Barry Klopfer can offer guidance on the charges, legal framework, potential outcomes, the lasting impact of having a battery conviction, as well as the procedures for expungement of battery police reports, arrest/booking reports, and court records.
If you’re facing battery allegations, it’s crucial to get legal advice. Reach out to esteemed Albuquerque criminal defense lawyer Barry Klopfer at (505) 722-9331.