New Mexico recognizes three levels of assault: Simple assault, aggravated assault and assault with the intent to commit a felony. It is important that you understand the differences between the three and their associated penalties, that way you can better defend your rights in court. The attorneys at Simon A. Kubiak, Attorneys At Law, PC, will help you better understand the charges against you and inform you of your defense options.
Despite popular belief, assault of any kind does not involve actually physically harming another human being. Rather, it involves threatening harm, or acting in such a way as to imply that you intend to cause injury.
Simple assault is the least serious of all assault offenses. This crime involves one of three actions:
- Attempting to commit battery (physical harm)
- Acting in such a way that threatens impending danger
- Using insulting language that hurts a person’s honor or reputation
Aggravated assault suggests that you were more serious in your attempt to cause bodily injury. An aggravated assault charge may arise if you use a deadly weapon to threaten another person, or if you attempt to hit another person with said deadly weapon. The state may also charge you with aggravated assault if you disguise yourself in anyway while committing assault, or if you commit assault with the intent to commit another crime or felony.
Assault With the Intent to Commit a Felony
Assault with the intent to commit a felony is precisely what its name implies. The state may charge you with this serious offense if you commit assault with the intent to kill or commit murder, robbery, criminal sexual penetration or mayhem.
Contact an Assault Defense Attorney
Simple assault is a petty misdemeanor, while aggravated assault and assault with the intent to commit a felony are felonies of varying degrees. Regardless of the charges you face, your case would greatly benefit from the skilled and aggressive legal representation of an experienced Albuquerque assault defense lawyer. Contact Simon A. Kubiak, Attorneys At Law, PC to discuss your defense options today.