Have you been accused of assault and battery in Albuquerque, New Mexico? Jones Criminal Defense Attorneys can help when you call (505) 248 1400. We offer a free consultation with an Albuquerque assault and battery lawyer who understands the seriousness of these charges and can provide the defense you need.
Assault and battery cases can carry severe consequences, from fines and probation to jail time. Having an experienced criminal defense attorney by your side ensures your rights are protected at every stage of the process. If you’re facing prosecution, don’t wait—speak with a lawyer today.
Why Choose Jones Criminal Defense Attorneys To Help Me if I’ve Been Accused of Assault and Battery in Albuquerque?
If you’re facing criminal charges in Albuquerque, NM, you need a defense lawyer who knows the law and understands how prosecutors build their cases. Here’s why clients choose Jones Criminal Defense Attorneys:
- Recognition from Super Lawyers’ Rising Stars
- A reputation for personalized service and direct communication
- A commitment to fighting for your future, not just negotiating a plea deal
We handle all areas of criminal defense and are dedicated to providing honest legal guidance from start to finish. Whether you’ve been falsely accused or made a mistake, our team is ready to protect your rights.
Contact our team today to schedule a free consultation with an Albuquerque criminal defense attorney.
Overview of Assault and Battery in New Mexico
In New Mexico, assault and battery are two separate offenses, even though they’re often mentioned together. They are defined in the following ways:
- Assault: Assault generally involves the attempt to threaten or instill fear of bodily harm in another person.
- Battery: Battery refers to the actual unlawful, intentional touching or application of force to another person.
There are several classifications, including:
- Simple assault or battery: Misdemeanors that can still carry serious penalties.
- Aggravated assault or battery: Felony charges that involve deadly weapons or serious bodily injury.
- Assault with intent to commit a violent felony: Felony charge involving threatening or attempting to harm someone while intending to commit another violent crime.
Even verbal threats or minor physical contact can lead to charges. Understanding what you’re being accused of and what the state must prove to convict you is critical.
What Are the Penalties for Assault and Battery in Albuquerque, New Mexico?
Penalties for assault or battery charges vary based on the severity of the charge and whether there are aggravating factors. Possible jail time and fines include:
- Simple assault (petty misdemeanor): Up to 6 months in jail; fines up to $500.
- Aggravated assault (fourth-degree felony): Up to 18 months in prison; fines up to $5,000.
- Assault with intent to commit a violent felony (third-degree felony): Up to 3 years in prison, fines up to $5,000.
- Simple battery (petty misdemeanor): Up to 6 months in jail; fines up to $500.
- Aggravated battery (third-degree felony): Up to 3 years in prison, fines up to $5,000.
Assault and battery can also intersect with other legal issues, such as domestic violence or weapons charges. In those cases, you could face additional penalties and long-term consequences beyond what’s typically associated with a basic assault charge.
What Collateral Consequences Can Result From an Assault or Battery Charge?
A conviction for assault or battery can follow you long after you’ve served your sentence or paid your fines. In addition to the criminal penalties imposed by the court, you may face various collateral consequences—indirect effects that can impact nearly every area of your life.
Some of the most common collateral consequences include:
- Loss of employment opportunities: Many employers conduct background checks. A violent crime conviction—even a misdemeanor—can disqualify you from jobs in healthcare, education, law enforcement, and other fields that require a clean record.
- Housing challenges: Landlords may deny rental applications based on a criminal history, particularly if the offense involves violence or weapons.
- Immigration consequences: If you are not a U.S. citizen, an assault or battery conviction can lead to deportation, denial of re-entry, or being deemed inadmissible for permanent residency or citizenship.
- Loss of gun rights: Certain felony convictions—particularly those involving violence—can lead to a permanent ban on owning or possessing firearms under federal and state law.
- Professional licensing issues: Teachers, nurses, contractors, and others in licensed professions may face disciplinary actions, suspension, or revocation of their license following a conviction.
- Family law impacts: If you are involved in a custody dispute, a conviction for assault or battery can negatively influence the court’s assessment of your parental fitness.
- Reputation and social stigma: Even after completing your sentence, a conviction can damage your reputation in the community, affecting your personal and professional relationships.
These consequences make it all the more important to mount a strong legal defense early in your case. Avoiding a conviction—or reducing the charge through a plea agreement—can help protect your future from these lasting effects.
What Defenses Can Be Raised if I’m Accused of Assault or Battery?
Being charged with assault or battery doesn’t mean a conviction is inevitable. The prosecution must prove every element of the offense beyond a reasonable doubt, and several defenses may apply depending on the facts of your case. A strong legal strategy can make a significant difference in the outcome.
Each case is unique, but some common defenses include:
- Self-defense: You used a reasonable amount of force to protect yourself from an immediate threat of harm. This defense often hinges on whether your actions were proportional to the threat you faced.
- Defense of others: Similar to self-defense, this applies when you act to protect someone else from being harmed. You must have reasonably believed that intervention was necessary to prevent injury.
- Consent: In some situations, such as contact sports or mutual confrontations, the other person may have agreed to the physical interaction. Consent can negate the unlawful element of the charge.
- False accusation or mistaken identity: Assault and battery cases can arise from misunderstandings, personal disputes, or misidentification. A lack of physical evidence or conflicting witness accounts may support this defense.
- Lack of intent: Assault and battery charges generally require proof of intentional conduct. The required intent may be absent if the contact was accidental or misinterpreted.
An experienced criminal defense attorney will analyze police reports, witness statements, and any available video footage to develop the strongest defense strategy possible.
How a Criminal Defense Attorney Can Help if You’ve Been Accused of Assault and Battery
From the moment charges are filed in the case of an assault or battery, your rights, freedom, and reputation are on the line. A skilled criminal defense attorney can be your strongest ally throughout the legal process.
Here’s how a defense lawyer can help:
- Investigate the allegations thoroughly: Your attorney will review police reports, witness statements, surveillance footage, and other available evidence to build a complete picture of what happened. They’ll identify inconsistencies, missing information, or violations of your rights.
- Challenge unlawful procedures: If law enforcement conducted an illegal search, failed to read your rights, or made an arrest without probable cause, your attorney can file motions to suppress improperly obtained evidence.
- Negotiate with prosecutors: In many cases, your lawyer can work to have the charges reduced or dismissed before trial. This may involve presenting mitigating evidence, identifying legal weaknesses in the case, or negotiating a favorable plea deal.
- Represent you in court: If your case goes to trial, your attorney will advocate for you before a judge and jury—questioning witnesses, presenting evidence, and raising reasonable doubt to protect your rights.
An experienced criminal defense attorney doesn’t just guide you through the process—they fight to protect your freedom, challenge unjust accusations, and help you move forward with your life.
Schedule a Free Case Evaluation With Our Assault and Battery Defense Lawyer
Facing charges for assault and battery in Albuquerque, New Mexico, can be stressful and overwhelming, but you don’t have to navigate the legal system alone. At Jones Criminal Defense Attorneys, we provide aggressive, strategic defense for individuals accused of violent crimes.
Call us today to schedule your free, confidential consultation with an Albuquerque assault and battery lawyer. We’ll explain your options and start building your defense right away.