## Assault charges in New Mexico Assault is a graduated offense in every state — same conduct can range from a few days in jail to decades in prison depending on: - The seriousness of the injury or threat - Whether a weapon was involved - Whether the victim is in a protected class (police officer, child, elderly) - The defendant's intent - Prior record ### New Mexico assault classification - **Simple assault:** Petty misdemeanor up to 6 mo - **Aggravated assault:** Felony up to 15 yrs ## Assault vs battery — different in some states Many states (CA, FL, IL, IN, others) distinguish: - **Assault** — placing someone in fear of imminent harmful contact (no actual touching required) - **Battery** — actual harmful or offensive physical contact Other states (TX, MA, KY) merge them under "assault" or use different terminology entirely. ## Common aggravators that elevate the charge - **Use of a deadly weapon** — gun, knife, even fists in some cases - **Serious bodily injury** — broken bones, disfigurement, organ damage, hospitalization - **Victim's status** — police officer, EMT, healthcare worker, teacher, child, elderly, pregnant - **Strangulation / impeding breath** — many states have separate higher-degree charges - **Assault during a felony** — robbery, burglary, sexual assault - **Hate-crime motivation** - **Domestic violence** — overlay that adds federal firearm prohibition - **Repeat offenses** ## Common defenses - **Self-defense** — most common; requires reasonable belief of imminent harm and proportional force - **Defense of others / property** — similar standards - **Mutual combat / consent** — limited; many states refuse consent as defense to serious bodily injury - **Lack of intent** — accidental contact - **Misidentification** — wrong person - **Fabrication** — particularly in custody disputes, neighbor feuds, mental-health crises - **Constitutional challenges** — illegal stop, search, or interrogation ## Misdemeanor vs felony assault The line between misdemeanor assault and felony assault usually depends on: - **Injury severity** — slight pain vs serious bodily injury - **Weapon use** — even brandishing without contact can elevate - **Victim category** — protected class triggers higher charge - **Aggravating circumstances** Felony assault carries lifelong consequences — voting rights, firearm rights (federal Lautenberg + 922(g)), professional licensing, employment, housing. ## What you should do Don't talk to police about an assault charge without a lawyer. The first 24 hours after arrest set the tone for the entire case. New Mexico criminal-defense attorneys typically offer free initial consultations and can assess whether self-defense, mutual combat, or other defenses apply. Many cases that look bad initially resolve favorably with skilled representation. --- *This guide is general information about New Mexico law as of early 2026 and is not legal advice. Assault sentencing depends on factors specific to each case. Talk to a licensed New Mexico criminal-defense attorney about your specific case.*