Discover the classifications and penalties of assault crimes in New Mexico, encompassing aggravated assault with a lethal weapon.
In New Mexico, assault is characterized as the attempt to initiate a physical altercation, or delivering intentional threats or behaviors that instill fear of imminent harm. Assault does not necessarily include physical touch. Actions such as punching or striking with an object are considered battery.
While assault offenses in New Mexico initially fall under misdemeanors, they escalate to felonies – known as aggravated assault – when involving deadly weapons, disguising oneself, or harboring the intent to perform a felony.
Defining Assault in New Mexico
In this state, an assault entails:
• Deliberate threats or actions that induce fear of upcoming harm.
• An attempted battery, or essentially trying to touch someone offensively.
• Using words deliberately to malign another’s character.
To illustrate, a person who swings at another but misses during a heated disagreement is guilty of assault. Statements like threatening to cause physical harm can be deemed as assault if the recipient genuinely fears for their well-being.
New Mexico’s Penalties for Assault
For a basic assault, the punishment begins as a petty misdemeanor, which can be enhanced to a misdemeanor if the victim belongs to certain protected categories.
Simple Assault: Petty Misdemeanor – Convictions can lead to six months’ imprisonment and a fine of $500.
Assault on Protected Individuals: Misdemeanor – Targeting school staff, sports referees, or healthcare professionals on duty can result in 364 days in jail and a $1,000 fine.
Assault on Household Members – Special penalties apply for assaults against household members.
Defining Aggravated Assault
Aggravated assault in New Mexico encompasses:
• Threats or attempts to harm with a deadly weapon.
• Intent to harm while hiding one’s identity.
• Deliberate threats with an aim to commit a serious crime.
The intent to inflict harm isn’t mandatory; the act itself classifies it as aggravated assault.
Penalties for Aggravated Assault
These offenses can result in third or fourth-degree felony punishments.
Aggravated Assault Types – Conviction can lead to 18 months in jail and a $5,000 fine.
Aggravated Assault on Protected Victims – Against protected individuals, penalties can escalate to three years in prison and a $5,000 fine.
Assault with Violent Felony Intent
Assaults with an intent to carry out severe crimes can be categorized as second or third-degree felonies. The penalties can range from three years in jail and a $5,000 fine to nine years in prison with a $10,000 fine, based on the severity.
Sentencing Enhancements in New Mexico
Certain circumstances, like the presence of aggravating factors, can alter sentencing.
Enhanced Sentencing – Judges can augment the basic penalty if aggravating circumstances are present.
Hate Crime Assaults – Hate-motivated assaults can lead to heightened penalties.
Repeat Felony Offenders – Habitual criminals face increased sentences.
Mandatory parole durations also apply, based on the severity of the felony.
Seeking Legal Counsel
Facing assault charges requires immediate legal intervention. Deadlines post-arraignment can be as brief as 10 days. Barry Klopfer, with two decades of experience, can provide the assistance needed. Reach out to the Law Office of Barry Klopfer PC at (505) 722 – 9331.