The penalty for aggravated assault in New Mexico is up to 18 months in prison and/or a fine of $5,000. However, in some cases, a sentencing enhancement may apply and could expose you to mandatory prison time or a longer sentence if convicted. It is imperative that you talk to a criminal defense attorney in order to see exactly what exposure you face.
State law categorizes aggravated assault as a fourth-degree felony, which is more serious than a misdemeanor. You might be able to get an aggravated assault charge dropped, reduced to a misdemeanor, or dismissed, depending upon the facts of your case. If you or a family member were arrested for aggravated assault in New Mexico, discuss the possibility of a better outcome with a criminal defense attorney.
In This Article
New Mexico criminal defense attorney, Marc A. Grano, gives you an overview of aggravated assault charges, felonies, and how they differ from misdemeanor assault charges. He concludes the article by sharing how to handle the aftermath of your situation. Grano Law Offices, P.C. wrote this article to help people arrested for aggravated assault and their loved ones get more information.
Overview of NM Aggravated Assault Charges & Felonies
Aggravated assault is a crime in New Mexico. The state charges aggravated assault under NMSA § 30-3-2.
Our laws define aggravated assault as:
- Unlawfully assaulting or striking at another with a deadly weapon, or
- Committing assault by threatening or menacing another while wearing a mask, hood, robe, or other covering upon the face, head, or body, or while disguised in any manner, so as to conceal identity, or
- Willfully and intentionally assaulting another with intent to commit any felony
Finally, the statute concludes by indicating that this type of crime is categorized as a fourth-degree felony.
How Felonies Work in New Mexico
NMSA § 30-1-6 defines a felony as one where a conviction could result in a sentence of death or a year or more in prison. If convicted, a judge has the discretion to impose a sentence under NMSA § 31-18-15, which, in the case of a fourth-degree aggravated assault, could include up to 18 months imprisonment. It also allows a judge to include fines of up to $5,000.
A fourth degree felony is a felony level charge and exposes you to both prison and a significant fine. While it carries the least amount of felony-level penalties, this assertion does not imply that the charges are not serious. A felony, even a fourth-degree felony, is still more severe than any misdemeanor-level crime.
Related Article: What Is a Felony in New Mexico?
Firearms Sentencing Enhancements Are a Real Possibility
If specific factors are admitted or found by a jury to be present during the commission of the aggravated assault, a judge has the authority to impose additional penalties known as “sentencing enhancements.
Per NMSA § 31-18-16, the law allows for sentencing enhancements if a firearm was used during the commission of a violent crime, such as an aggravated assault. This statute allows a judge to add additional mandatory prison time to your sentence if you brandished, discharged, or used a firearm.
Related Article: Can You Own A Gun With A New Mexico Domestic Violence Charge?
Aggravated Assault vs. Assault
Assault carries lesser penalties than aggravated assault charges under NMSA § 30-3-1. The state classifies assault as a petty misdemeanor and defines it as:
- An attempt to commit a battery upon the person of another, or
- 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.
The primary differences are the methods and level of threat the alleged victim experienced when compared to aggravated assault. Depending upon the facts of an aggravated assault case, prosecutors might reduce the charge to a petty misdemeanor assault in exchange for a plea. However, you should always discuss the legal implications of a plea agreement with a lawyer before accepting one.
Related Article: Types of Dispositions Available When Taking a Probationary Plea in New Mexico
What to Do After Being Charged with Aggravated Assault
The aftermath of an aggravated assault charge is not easy for anyone to endure. Most people just want to get out of jail and back home while figuring out their next move. A plan of action can make this process much more organized.
Here are a few things you may want to do after being charged with aggravated assault in New Mexico, generally speaking:
- Do NOT talk to the police about your case
- Act like a model citizen upon release from detention
- Avoid all contact with your alleged victim, even if they initiate it
- Lean on friends and family for moral and mental support
- Get a case strategy session with a criminal defense lawyer for initial direction
Your primary focus should be on protecting your case from further consequences. Local, state, and federal criminal codes are vast, complicated, and impact your situation, depending upon how they are applied. Mitigate risk by speaking with a criminal defense lawyer that makes you feel confident and secure when approaching your legal troubles.
Note for Family Members/Friends: Offering Support After an Aggravated Assault Arrest
Nothing is more painful than watching a loved one go through the criminal justice system. You know their heart and all the good they have contributed throughout their life. It is concerning to think that everything could be overshadowed by this one terrible moment.
There are a few things we want you to remember during this time:
- Your loved one is still innocent
- Go easy on them (they probably feel bad enough over what happened and/or being wrongfully accused)
- Discourage them from automatically pleading guilty
- Prosecutors and police may not have a strong case against them
- Get a case strategy session with a criminal defense attorney ASAP
If your loved one is still in jail, the most proactive, protective thing you can do is get legal advice right now. A lawyer will get you the answers you need about what could happen, how to get them out of jail, and their potential penalty for aggravated assault in New Mexico. We will also talk with your loved one about their arrest and devise an initial strategy and approach based on the known facts.
Related Article: [Infographic] What to Do If You Are Arrested or Detained
Call Grano Law Offices, P.C. Now for a Free Case Strategy Session
Whether you or a loved one were arrested for aggravated assault in New Mexico, the aggravated assault defense attorney at Grano Law Offices, P.C. welcomes you to contact us for more information about the charges. Call (505) 426-8711 or via the contact form below for your Free Case Strategy Session.
We serve all of northern and central NM but are happy to arrange for a secure video conference if you cannot travel to our office.
