If an argument or confrontation involves a weapon, it can lead to some serious criminal charges. In New Mexico, aggravated assault with a deadly weapon is a felony, and someone can face prosecution even if nobody suffers a physical injury.
If you or someone you know is facing deadly weapon charges in Albuquerque, understanding the accusation is an important first step. From the type of assault to the weapon involved, the circumstances can all affect the potential consequences.
Learn more about aggravated assault with a deadly weapon charges in Albuquerque and the legal support available to you.
What are the different types of assault charges in New Mexico?
New Mexico recognizes several assault offenses:
Simple assault
Simple assault can involve an attempt to commit battery or unlawful threats, and it can include conduct that makes someone reasonably believe they face immediate battery. Physical contact is not necessary to be classed as an offense.
Simple assault is classed as a petty misdemeanor.
Aggravated assault
Aggravated assault includes assault with a deadly weapon. It also covers threatening assault while disguised to conceal identity, and intentional assault with intent to commit a felony.
Aggravated assault is classed as a fourth-degree felony.
Assault with intent to commit a violent felony
Assault with intent to commit a violent felony is a separate, third-degree felony. It applies to assault with intent to kill or commit certain crimes, like robbery or burglary. A weapon is not required to warrant this charge.
How does a deadly weapon make an assault charge more serious?
Unlawfully assaulting or striking at another person with a deadly weapon can become aggravated assault. This can include scenarios where someone is pointing a firearm at someone during an argument, even if the weapon is never fired. Possession of a weapon alone doesn’t constitute assault, so the prosecution needs to establish the various elements of the offense.
What counts as a deadly weapon in New Mexico?
A deadly weapon can include firearms (including unloaded), knives, brass knuckles, and bludgeons. It can also include other objects, depending on their characteristics and use.
What this means is that the prosecution has to establish:
- Whether the alleged conduct amounted to assault.
And
- Whether the object involved was a deadly weapon.
They will need to examine the circumstances surrounding the case carefully to determine if an assault charge is warranted.
What penalties could someone face?
The punishment for aggravated assault can vary according to the offense. General New Mexico sentencing could mean the following:
- Simple assault sentences can include up to six months in jail, a fine of up to $500, or both.
- Aggravated assault with a deadly weapon involves a basic prison sentence of 18 months and a possible fine of up to $5,000.
- Assault with intent to commit a violent felony carries a basic prison sentence of three years and a possible fine of up to $5,000.
These aren’t a guarantee of the sentence someone will receive, and it will depend on the offense and the unique circumstances of that case. If someone was brandishing a firearm, for example, additional years could be added to a basic sentence.
How is aggravated assault different from aggravated battery?
While they may sound similar, aggravated assault and aggravated battery are different types of offenses. Aggravated battery involves the unlawful touching or application of force with intent to injure someone. If a deadly weapon is involved, aggravated battery becomes a third-degree felony. The prosecution doesn’t need to prove great bodily harm in this case and can therefore lead to a higher basic sentence.
Speak with an aggravated assault attorney in Albuquerque
Dealing with an aggravated assault charge can be extremely difficult, especially when there are complex circumstances involved. When a weapon is involved, there will be questions about what happened and the evidence available, which will impact the charge and the subsequent sentencing. An aggravated assault attorney in Albuquerque can review the allegations and explain the potential penalties, helping you understand the defence options available to you.
If you’re looking for an aggravated assault attorney in Albuquerque, Lizzy Bunker can help. An established and experienced criminal defense attorney, Lizzy is here to support you and take action on your behalf, working with you to understand your case and fight for the best outcome. Contact us today to discuss your case and let us help you look toward your future.