Assault & Battery Laws

Though often used interchangeably, assault and battery are not one in the same. Assault is almost always a lesser offense that carries lesser penalties, while battery is usually treated more severely. Regardless of the charges against you, it’s important that you understand the crime for which you are charged and the associated penalties. An Albuquerque assault and battery defense lawyer can also help you explore your defense options and build a strong case in your favor.

Simple Assault

Simple assault, per New Mexico’s definition, refers to the offense of attempting to commit battery on another person, threatening another person in such a way that he or she believes you will commit battery or using assaulting language that may harm another person’s reputation or honor. Assault is a petty misdemeanor and, if convicted, comes with the possibility of up to six months in jail, a $500 fine or both.

Aggravated Assault

Aggravated assault can occur in one of three ways:

  • Assaulting or attempting to strike at someone with a deadly weapon
  • Committing assault while wearing a disguise, such as a mask
  • Committing assault with the intent to commit a crime

Aggravated assault is a fourth-degree felony that carries the possibility of up to 18 months in jail, a $5,000 fine or both.

Simple Battery

Battery differs from assault in that it involves physically touching or harming another human being. Simple battery is the unlawful and intentional application of force or touching of another in an insolent, angry or rude manner. Simple battery, like simple assault, is classified as a petty misdemeanor and comes with the possibility of up to six months in jail and a $500 fine.

Aggravated Battery

An aggravated battery charge in New Mexico may result from intentional touching or force done with the intent to cause serious harm. If you commit battery, you face third- or fourth-degree felony charges, depending on the extent of the injuries you cause.

When To Contact an Albuquerque Criminal Defense Lawyer

Ideally, you should contact a New Mexico assault and battery defense attorney as soon after your arrest as possible. In these types of cases, time is of the essence, and professional legal guidance is almost always necessary to obtain a favorable outcome. For the aggressive legal representation your case needs, contact Simon A. Kubiak, Attorneys At Law, PC today.

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