Assault is a serious criminal charge. A conviction on criminal assault charges could severely impact the quality of your life and possibly send you to prison. To safeguard your freedom and protect your future, you need to work with a local Albuquerque assault lawyer who has extensive experience successfully defending people in this community who have faced assault charges. Our dedicated and determined lawyers understand how to investigate the charges, poke holes in the prosecution’s evidence, and work toward the best possible outcome, given the facts of your individual case.
State law recognizes different types of assaults, which vary significantly in terms of their severity, the circumstances surrounding the alleged crime, and the possible penalties.
Under New Mexico Statutes § 30-3-1, an assault occurs in the following instances:
Typically, people convicted of simple assault face petty misdemeanor charges. A conviction could result in a six-month prison sentence and a $500 fine. However, if the alleged assault is against a protected victim, such as a school employee or healthcare worker, the offense would be a misdemeanor instead of a petty misdemeanor, the prison time could increase to 364 days, and the fine could increase to $1,000. In addition, if the alleged victim is a household member, different penalties could apply.
A simple assault becomes elevated to an aggravated assault in the following circumstances:
Aggravated assault is a more serious charge because it is a fourth-degree felony. A conviction could result in 1.5 years in prison and a $5,000 fine. If the alleged victim is in a protected class, the charges could elevate to a third-degree felony, and a conviction could result in a three-year prison term and a $5,000 fine.
Anyone who assaults someone with the intent to commit a violent felony, such as murder, rape, robbery, or burglary, could face third-degree felony charges. A conviction could result in a three-year prison term and a $5,000 fine. If the alleged victim is in a protected class, the crime would be a second-degree felony, which could result in a nine-year prison sentence and a $10,000 fine.
Assault charges can also result in enhanced penalties if there are aggravating factors, such as hate crimes or repeated offenders.
The state takes assault charges seriously. Working with a seasoned Albuquerque attorney who understands how to fight assault charges is essential.
A skilled Albuquerque attorney would search for the best possible defense strategy to fit the facts of the assault case. They might be able to argue that the defendant was acting in self-defense, in defense of someone else, or in defense of their property. They could also attack the believability of witness statements and the validity of other evidence.
Anytime you face assault charges, you need to act quickly. You need to work with a legal team who is familiar with the local laws and knows how to get results. Schedule a preliminary consultation with an Albuquerque assault lawyer today and learn how we could help defend you.
