An accusation of assault in New Mexico can lead to serious felony charges, which carry significant penalties. Unlike less severe misdemeanor charges, a felony conviction can result in lengthy imprisonment and substantial fines. Understanding what constitutes felony assault, the specific types of charges, and the potential outcomes is important. This article provides an overview of New Mexico’s assault laws and outlines the immediate procedures that follow an accusation.
Defining Felony Assault in New Mexico
In New Mexico, the legal definition of assault is broader than many people assume. Under statute § 30-3-1, assault can be an attempt to commit a battery, which is an unwanted touching, or any unlawful act or threat that causes another person to reasonably believe they are in danger of an immediate battery.1Justia. New Mexico Statutes Section 30-3-1 (2024) – Assault No physical contact is required for an assault to have occurred, as the creation of fear or apprehension of harm is sufficient.
The distinction between a misdemeanor and a felony assault hinges on specific aggravating factors. While a simple assault is a petty misdemeanor, the offense is elevated to a felony when certain conditions are met, such as the perpetrator’s intent or the use of a weapon. For instance, an assault committed with the intent to carry out another felony or an assault with a deadly weapon crosses the line into a felony offense.
Types of Felony Assault in New Mexico
New Mexico law specifies several distinct categories of felony assault. One of the most common is aggravated assault, as outlined in NMSA 1978, § 30-3-2. This offense can occur by unlawfully assaulting someone with a deadly weapon, committing an assault while disguised to hide one’s identity, or assaulting someone with the intent to commit another felony.2Justia. New Mexico Statutes Section 30-3-2 (2024) – Aggravated Assault The presence of a deadly weapon is a frequent element in these charges.
Another category is assault with intent to commit a violent felony, under NMSA 1978, § 30-3-3. This charge applies when an individual assaults another person with the specific purpose of committing a serious crime like murder, robbery, or burglary.3FindLaw. New Mexico Statutes Chapter 30. Criminal Offenses § 30-3-3 The focus of this statute is on the offender’s state of mind and criminal objective.
New Mexico law also provides enhanced penalties for assaults against certain protected individuals. An assault upon a peace officer, detailed in NMSA 1978, § 30-22-22, is treated as a third-degree felony if it involves a deadly weapon or is done with the intent to commit a felony.4Justia. New Mexico Statutes Section 30-22-22 (2024) – Aggravated Assault Upon Peace Officer Assaults on healthcare workers performing their duties can also be elevated to a felony.5Justia. New Mexico Statutes Section 30-3-9.2 (2024) – Assault; Battery; Health Care Personnel
Penalties for Felony Assault
A conviction for felony assault in New Mexico carries penalties dictated by the classification of the felony. The state’s sentencing guidelines, found in NMSA 1978, § 31-18-15, establish presumptive prison sentences.6Justia. New Mexico Statutes Section 31-18-15 (2024) – Sentencing Authority; Noncapital Felonies; Basic Sentences and Fines; Parole Authority; Meritorious Deductions A fourth-degree felony, which includes most types of aggravated assault, has a basic sentence of 18 months in prison. A third-degree felony, such as assault with intent to commit a violent felony, carries a presumptive sentence of three years imprisonment.
In addition to incarceration, a conviction often includes significant fines. A fourth-degree felony can result in a fine of up to $5,000, while a third-degree felony can lead to a fine of the same amount. A second-degree felony conviction could result in a fine as high as $10,000. A felony record also has lasting consequences, including:
- The loss of the right to vote
- The inability to own or possess firearms7Justia. New Mexico Statutes Section 30-7-16 (2024) – Firearms or Destructive Devices; Receipt, Transportation or Possession by Certain Persons; Penalty
- Major barriers to securing employment
- Difficulty obtaining professional licenses
The court may also order a period of probation or parole following release from prison.
Immediate Steps After an Accusation
When an individual is accused of felony assault, the legal process often begins with an arrest and booking procedure. During booking, personal information is recorded, and the accused is photographed and fingerprinted. Following an arrest, the accused must be brought before a judge for a first appearance, or arraignment. If they remain in custody, this hearing must occur no later than three to five days after the arrest.
At this initial court appearance, the judge will formally read the charges and advise the accused of their constitutional rights. These include the right to remain silent to avoid self-incrimination and the right to an attorney. If the accused cannot afford an attorney, the court will appoint a public defender to represent them.
During the arraignment, a plea of “not guilty” is entered for felony charges, and the judge will make a decision regarding pretrial release. This decision may involve setting a bail amount, which is a financial guarantee that the defendant will return for future court dates. The judge will consider the nature of the charges and the defendant’s history when determining the conditions of release, which could include restrictions on travel or contact with the alleged victim.