If you or a loved one face criminal charges, it is essential to understand the specific allegations. This is especially important in the case of charges such as battery and assault: these terms are often used interchangeably but they carry significant differences in terms of legal implications under New Mexico law. Understanding the key differences between the two is vital when navigating the criminal justice system.
If you face such allegations, the first step is to contact an attorney, such as Lizzy Bunker, Assault and Battery Lawyer, who can help you build your case and protect your rights. In this guide, we’ll look at an overview of the differences between assault and battery and your best next steps if you or someone you love has been accused.
Assault vs. Battery: The Key Distinctions
Before we dive into the specific definitions and differences between assault and battery, let’s look at a general overview. These two terms are related, but they are categorized as distinct offenses under New Mexico law:
- Assault: Involves creating a reasonable fear or threatening harm (including insults) but no physical contact is required.
- Battery: Involves actual, intentional physical contact that is unwanted and harmful or offensive.
You can be charged with assault, battery, or both, depending on the circumstances. This will depend on the specifics of the events. For instance, if you threaten someone and then follow through with a punch, you may face both charges.
What is Assault?
In New Mexico, assault is defined by law as an act that creates a reasonable fear or attempts to cause harm to another person. It is important to note that assault does not require any physical contact. Rather, it focuses on the intent and actions that cause a person to fear harm.
The New Mexico Statutes defines assault as:
- “An attempt to commit a battery upon the person of another;
- Any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or
- The use of insulting language toward another impugning his honor, delicacy or reputation.”
Examples
Every case is unique, and your lawyer will help you clarify whether a specific act can be categorized as assault. However, general examples of gestures that may create the perception of imminent danger include:
- Raising a fist in anger
- Making verbal threats
- Making aggressive gestures
Legal Implications and Possible Penalties
The legal implications of assault depend on the specific circumstances of the event, such as the involvement of a police officer. Here’s a general overview:
- Assault: Involves creating the perception of harm using gestures and insults. It is treated as a petty misdemeanour, with penalties including up to 6 months in jail and a $500 fine.
- Aggravated Assault: Involves using a deadly weapon or assaulting someone with the intent of committing a felony. An example of aggravated assault is to point a firearm at someone. This is considered a felony and penalties may involve significant prison time.
What is Battery?
Battery goes a step further from assault. It is no longer just the intention of causing harm, but the actual unlawful act of causing physical contact with another person. Under the New Mexico law, this can include unwanted touch, even if there is no injury, as well as more significant harm.
The New Mexico Statutes define battery as “unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner.”
Examples
Common examples of battery include:
- Unwanted physical contact.
- Physical altercations, such as punching someone or getting into a fight (regardless of whether injury occurs).
- Using objects, such as a book or phone, to strike someone
Legal Implications and Possible Penalties
Even in this case, the severity of penalties depend on the circumstances of the event
- Battery: Simple battery, which does not involve significant harm to another person or the use of weapons, is considered a misdemeanor under New Mexico law. Penalties may involve probation, community service, up to 6 months in jail, and a $500 fine.
- Aggravated Battery: Aggravated battery involves the intent of committing significant harm or the use of a deadly weapon, such as a firearm. This is considered a more severe felony, with penalties involving significant prison time and hefty fines.
The specific legal implications of these allegations depend on factors such as the involvement of significant injury, protected victims (healthcare or school staff), or deadly weapons.
Charged with Assault or Battery? Your Next Steps
If you are facing allegations of assault or battery, the first step is always to contact a specialized attorney who can help you build a strong defense, gather evidence, and protect your rights. However, in the meanwhile, there are some best practices that help you safeguard your future legal history. These include:
- Avoid Discussing Your Case: What you say after the event can be used against you in court. Because of this, it is important to avoid discussing the event with the parties involved, including police officers or anyone else.
- Start Collecting Evidence and Witnesses: Try to contact anyone present at the site of the event to support your case and collect evidence such as photos, videos, or messages.
- Follow Court Orders: As your case develops, it is important to follow court orders. These may involve restraining orders or being released on bail. Failing to follow these orders can lead to immediate arrest and higher penalties.
- Seek The Help of a Lawyer: The quicker you can get in touch with a qualified defense lawyer the better. They can help you gather evidence, prevent you from admitting something you shouldn’t, and support a stronger case.
Speak to Lizzy Bunker, Attorney at Law, for a Strong Defense
If you are unsure how to best navigate the criminal justice system in New Mexico, keep in mind that you are not alone in this journey. Get in touch with the specialized team of attorneys from Lizzy Bunker to start building your case with confidence today. Contact us at 505.464.4844 for a free consultation today.