Assault & Battery

It is not uncommon to hear the terms “assault” and “battery” used interchangeably or even together. However, the two terms have different definitions and therefore come with separate consequences. Both, though, are serious offenses which the state of New Mexico does not treat lightly. Contact the Albuquerque assault and battery defense attorneys at Simon A. Kubiak, Attorneys At Law, PC to learn more about these crimes, the associated consequences and possible defenses.


Per New Mexico Law, assault refers to the crime of attempting to commit battery on another person, threatening to commit battery or using assaulting language that evokes fear in the victim. New Mexico also recognizes aggravated assault, which involves striking out at or assaulting someone with a deadly weapon, committing assault while disguised with a mask or face shield or willfully harming someone with the intent to commit a crime (such as robbery or burglary).

New Mexico categorizes assault as a petty misdemeanor. The consequences of assault may include up to six months in jail, a fine of up to $500 or both. Aggravated assault, on the other hand, is a fourth-degree felony and carries a punishment of up to 18 months in jail, up to $5,000 in fines or both.


Battery differs from assault in that it involves actual touching, whereas most types of assault involve threats or attempts but no physical harm. As defined by New Mexico law, battery is the intentional and unlawful application of force or touching of another person in an angry, rude or insolent manner. Like simple assault, battery is a petty misdemeanor.

Aggravated battery, on the other hand, refers to the touching of another individual with the intent to cause harm. Aggravated battery ranges from a misdemeanor offense to a third-degree felony, depending on the extent of a person’s injuries.

Aggressive Representation in Assault and Battery Cases

Regardless of the type of charges you face, you face serious and long-term consequences if convicted. In addition to jail time and fines, you may have trouble finding gainful employment with a history of violent crime. You may also struggle to gain custody of your child or to find decent housing.

New Mexico’s criminal justice system is replete with aggressive prosecutors who have a reputation of putting even the softest and most apologetic offenders behind bars. Your remorse is not enough to convince the judge to go light on you. Your best chance at obtaining a favorable outcome begins with contacting a criminal defense lawyer who is familiar with the judicial system, the law and viable defenses. Contact Simon A. Kubiak, Attorneys At Law, PC at (505) 998-6600 to learn more.

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102