Felony assault charges in New Mexico have serious legal consequences and can significantly impact a person’s future. These cases are treated with gravity by prosecutors, especially when weapons, injuries, or vulnerable victims are involved. Understanding how the state handles these offenses is important for anyone facing such charges.
This article explains what makes an assault charge a felony in New Mexico and outlines how these cases proceed through the justice system.
Types of Felony Assault Charges
New Mexico law classifies felony assault into different degrees based on the severity of the act and its circumstances. These classifications determine how seriously the offense is treated.
Third-Degree Offenses
An assault in New Mexico can become a third-degree felony in several ways. Aggravated assault on a peace officer is one such instance.1Justia Law. New Mexico Statutes Section 30-22-22 (2024) – Aggravated Assault Upon Peace Officer This includes assaulting or striking an officer with a deadly weapon while they are on duty, or intentionally threatening an officer with a deadly weapon in a way likely to cause death or great bodily harm.
An assault resulting in great bodily harm to the victim also qualifies as a third-degree felony. Great bodily harm means an injury creating a high probability of death, causing serious disfigurement, or resulting in permanent or long-term loss or impairment of a body part or organ.2Justia Law. New Mexico Statutes Section 30-1-12 (2024) – Definitions
Shooting or launching a deadly missile into an occupied vehicle with intent to injure someone is another third-degree felony aggravated assault.3Justia Law. New Mexico Statutes Section 30-3-8 (2024) – Shooting at Dwelling or Occupied Building; Shooting at or From a Motor Vehicle Using a deadly weapon during an assault can also elevate the charge if done in a manner likely to cause death or great bodily harm, even if no such harm occurs.
Second-Degree Offenses
An assault becomes a second-degree felony in New Mexico when it involves a heightened level of danger or intent. A key factor is committing an assault with the intent to commit another felony, such as kidnapping, robbery, or homicide. This type of assault is viewed as a greater threat because it’s part of a more complex crime.
Aggravated assault with intent to commit a violent felony upon a peace officer is also a second-degree felony (as outlined in New Mexico Statute 30-3-3). This highlights the protected status of officers on duty, making an assault against them with further felonious intent a more serious charge.
First-Degree Offenses
First-degree felony assault charges in New Mexico are for the most serious acts, often showing an extreme disregard for human life or intent to cause severe outcomes. While specific first-degree assault statutes are less common, actions that would be aggravated assault can become part of first-degree murder charges if a death results.
For instance, an assault with a deadly weapon leading to death can be part of a first-degree murder charge if the act was willful, deliberate, and premeditated, or occurred during another felony. The New Mexico Criminal Code (e.g., section 30-2-1 on murder) covers assaultive acts leading to death that qualify as first-degree felonies.
Required Proof for Prosecutors
To convict someone of felony assault in New Mexico, prosecutors must prove the defendant’s guilt beyond a reasonable doubt for every part of the charge. This high standard means the evidence must be so compelling that there’s no other logical explanation for the facts except the defendant’s guilt.
Prosecutors must prove the criminal act itself (actus reus). For assault, this means showing the defendant’s conduct caused the victim to fear immediate harm, or, for battery, involved unlawful touching. For felony assault, this often includes proving an aggravated act, like using a deadly weapon or causing serious injury.
Proving criminal intent (mens rea) is also required. For many felony assaults, this means showing the defendant acted intentionally, knowingly, or sometimes recklessly.
A clear link (causation) between the defendant’s actions and the harm must be established. If a deadly weapon was used, prosecutors must prove the object meets the legal definition of a deadly weapon (New Mexico Statute 30-1-12 defines this as “any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to blades, bludgeons, and brass knuckles”) and that the defendant used or threatened to use it during the assault.
Sentencing Ranges
When someone is convicted of felony assault in New Mexico, the sentence depends on the felony’s classification. State law provides basic sentences for each degree, which are starting points for the judge.4Justia Law. New Mexico Statutes Section 31-18-15 (2024) – Sentencing Authority; Noncapital Felonies; Basic Sentences and Fines; Parole Authority; Meritorious Deductions
A third-degree felony assault carries a basic sentence of three years imprisonment and a potential fine up to $5,000. This increases to six years if the felony resulted in death or was a sexual offense against a child.
Second-degree felonies have a basic sentence of nine years in prison and a possible fine up to $10,000. This increases to fifteen years if the felony resulted in death or involved a sexual offense against a child.
First-degree felonies carry basic sentences of eighteen years imprisonment and a potential fine up to $15,000. If a first-degree felony results in a child’s death or involves aggravated criminal sexual penetration, the sentence is life imprisonment. New Mexico no longer has the death penalty; a capital felony conviction now means life in prison, with parole eligibility after thirty years.5Justia Law. New Mexico Statutes Section 31-18-14 (2024) – Sentencing Authority; Capital Felonies
Parole is common for felony convictions with imprisonment over one year. First, second, or third-degree felons usually have a two-year parole period after their sentence.6Justia Law. New Mexico Statutes Section 31-21-10 (2024) – Parole Authority and Procedure Those paroled from a life sentence face at least five years of parole. Courts can adjust basic sentences based on the Criminal Sentencing Act, considering mitigating or aggravating factors.
Aggravating Factors
Certain circumstances surrounding a felony assault in New Mexico, known as aggravating factors, can influence the court’s view of the offense’s severity. New Mexico Statute 31-18-15.1 lists several such factors that may be considered.7Justia Law. New Mexico Statutes Section 31-18-15.1 (2024) – Alteration of Basic Sentence; Mitigating or Aggravating Circumstances; Procedure These include:
- If the victim was known to be particularly vulnerable due to age, illness, or infirmity.
- If the felony assault was committed in the presence of a minor.
- If the defendant involved a minor in committing the felony.
- If the crime was motivated by the victim’s race, color, religion, national origin, sex, sexual orientation, gender, gender identity, or disability.
- If the defendant committed the crime with particular cruelty or depravity.
- If the defendant abused a position of public or private trust.
- If the assault involved a drive-by shooting.
These factors help the court understand the full context of the offense.
Repeat Offenses
If someone facing a felony assault charge in New Mexico has prior felony convictions, the state’s habitual offender laws (New Mexico Statute 31-18-17) require additional prison time.8Justia Law. New Mexico Statutes Section 31-18-17 (2024) – Habitual Offenders; Alteration of Basic Sentence This does not change the classification of the current felony assault but adds to its sentence.
This law is applied in tiers:
- One prior felony conviction results in an additional one year of imprisonment.
- Two separate prior felony convictions result in an additional four years.
- Three or more separate prior felony convictions result in an additional eight years.
For these enhancements to apply, each prior felony must have been committed after the conviction for the one before it. The prosecution must prove these prior convictions. Convictions from other states count if the offense was punishable by over a year’s imprisonment there and would be a felony in New Mexico.
Key Court Procedures
The legal process for a felony assault charge in New Mexico starts after an arrest with an initial appearance before a judge. This must happen promptly. The judge informs the accused of the charges, their rights (including the right to an attorney and a public defender if needed), and sets conditions of release, like bail.9New Mexico Courts. Rule 5-301 NMRA – Initial Appearance and Conditions of Release
Next, the prosecution must show probable cause that a crime was committed and the defendant committed it. This happens either at a preliminary hearing before a judge or through a grand jury indictment. If probable cause is found or an indictment is issued, the case moves to District Court.
Arraignment in District Court follows, where the defendant is formally charged and enters a plea (guilty, not guilty, or no contest). A not guilty plea moves the case to pre-trial activities.
During the pre-trial phase, both sides exchange information and evidence (discovery). Either side can file motions, such as requests to exclude evidence or dismiss charges. Rulings on these motions can greatly affect the case.
Many felony assault cases are resolved through plea bargaining. The defendant might plead guilty or no contest in exchange for concessions from the prosecution. A judge must approve any plea agreement.
If no plea agreement is reached, the case goes to trial, usually before a jury. The trial involves jury selection, opening statements, evidence presentation by both sides, closing arguments, and jury instructions. The jury then deliberates to reach a verdict.
If the defendant is found guilty or enters a guilty plea, a sentencing hearing is held. The judge considers arguments, reports, and victim statements before imposing the sentence. After sentencing, the defendant has the right to appeal the conviction or sentence to a higher court.10New Mexico Department of Justice. How to Take an Appeal Handbook