Criminal law divides offenses into different categories, often based on who or what is harmed by the accused person’s actions. Property crimes involve damage to or theft of property, while crimes against public order disrupt society’s peace. Another especially serious category is crimes against the person.
Crimes against the person generally involve allegations of physical harm, threatened harm, unlawful restraint, or violations of another person’s bodily rights. The phrase covers several separate offenses under New Mexico law rather than one specific criminal charge.
Examples of Crimes Against the Person
Crimes against the person may involve physical injury, place someone in fear of immediate harm, or interfere with personal freedom or bodily autonomy.
Common examples in Albuquerque, New Mexico, include:
- Murder and manslaughter: Both refer to the illegal act of taking another’s life. Depending on the charge, the elements and possible penalties differ.
- Assault and battery: Assault is the threat or attempt to commit battery, and battery is the unlawful, intentional touching or application of force to another person in a rude, insolent, or angry manner.
- Robbery: Taking something of value from another person or from the person’s immediate control through the use or threatened use of force or violence.
- Kidnapping and false imprisonment: Both offenses involve the unlawful, non-consensual confinement or restraint of another person, with kidnapping requiring additional elements such as transportation or an illegal purpose.
- Sexual offenses: New Mexico law prohibits several forms of unlawful sexual conduct, including criminal sexual penetration and criminal sexual contact.
- Crimes against household members: Assault, battery, aggravated assault, and aggravated battery may lead to separate charges when the alleged conduct involves a person who meets New Mexico’s definition of a household member.
Although these offenses are often grouped together, each crime has its own legal elements. The prosecution must prove every required element of the specific charge beyond a reasonable doubt.
Penalties for Crimes Against the Person
Crimes against the person vary widely in seriousness. The potential penalties depend on the specific charge, the degree of the offense, the accused person’s criminal history, and whether any sentence enhancement applies.
Misdemeanor Penalties
Some crimes against the person are charged as petty misdemeanors or misdemeanors. A conviction may result in incarceration, fines, probation, community service, or participation in court-ordered programs.
Depending on the case, the court may require anger management classes, substance use treatment, counseling, or a batterer intervention program. A judge may also impose conditions limiting contact with another person.
Felony Penalties
Felony offenses carry more serious consequences. A conviction may result in a lengthy state prison sentence, and the most serious offenses can carry decades in prison or life imprisonment.
A court may also impose fines, probation or parole-related requirements, treatment conditions, and other restrictions. Beyond the sentence itself, a felony conviction may affect employment, housing, professional licenses, firearm rights, and immigration status.
Enhanced Penalties
Some charges can carry increased penalties because of aggravating circumstances. Qualifying prior convictions, the use of a firearm during certain felonies, or conduct resulting in great bodily harm may affect the charge or sentence. The prosecution must establish the facts and legal requirements needed for the particular enhancement.
Common Defenses to Crimes Against the Person Charges
Facing a serious criminal charge does not mean that a conviction is certain. The defenses available will depend on the offense and the facts of the case.
Defenses include:
- Self-defense: A person may argue that force was reasonably necessary to protect against an immediate threat. The amount of force used must be reasonable under the circumstances, although a person who is lawfully acting in self-defense generally has no duty to retreat in New Mexico.
- Lack of the required mental state: The prosecution must prove the mental state required for the charged offense. Depending on the charge, this may involve intent, knowledge, or another legal standard. Evidence that an injury resulted from an accident may be relevant in some cases.
- False or unreliable allegations: Witness statements, text messages, recordings, physical evidence, or other information may contradict an accusation or raise questions about what occurred.
- Mistaken identity: Identification evidence may be challenged when a witness had a limited opportunity to observe the person, gave inconsistent descriptions, or participated in an unreliable identification procedure.
- Consent: In some cases involving adults, the defense may dispute whether the alleged conduct was nonconsensual. Consent is not always legally possible, and its relevance depends on the specific charge and circumstances.
- Insufficient evidence: The prosecutor must prove every element of the offense beyond a reasonable doubt. Missing evidence, conflicting testimony, or weaknesses in the state’s case may create reasonable doubt.
Other defenses may apply based on how law enforcement conducted the investigation. For example, the defense may seek to suppress evidence obtained through an unlawful search, an improper interrogation, or another violation of the accused person’s constitutional rights.
The appropriate strategy will depend on the charge, the available evidence, and the events leading to the arrest.
Call Jones Criminal Defense Attorneys to Schedule a Free Consultation With an Albuquerque Criminal Defense Attorney Today
Crimes against the person can carry severe criminal and personal consequences. If you are facing charges in Albuquerque, New Mexico, it is important to understand the accusation, the evidence against you, and the defenses that may be available.
Jones Criminal Defense Attorneys handles a wide range of criminal matters and has more than two decades of combined legal experience. Contact the firm today to schedule a free consultation with an experienced Albuquerque criminal defense lawyer to learn more about how we can help you protect your rights and your future. Contact us at (505) 248-1400 to schedule an initial consultation.