Albuquerque Attorneys Come to Your Defense for Assault and Battery Allegations
Skilled lawyers challenge the basis for criminal charges
In these tense times, a disagreement or dispute can easily escalate to a physical altercation. You may feel entirely justified, given the heat of the moment, until you find yourself facing criminal charges and stiff penalties. At Rasheed & Associates, P.C. in Albuquerque, we have broad experience in a variety of assault and battery cases. With demonstrated results in Bernalillo, Valencia and Sandoval counties, we can present the facts in the most favorable light for you and fight aggressively for a favorable outcome.
What is the difference between assault and battery in New Mexico?
It is easy to confuse assault and battery. Part of that confusion stems from the common use of the word “assault” to mean “attack.” But from a legal standpoint, the crime of assault does not involve physical contact. Assault is a threat of violence or an attempt to commit violence. Assault makes the victim feel reasonably sure that a physical attack is coming. In New Mexico, assault also includes the use of insulting language that impugns another person’s honor, delicacy or reputation.
The moment that a physical attack occurs, with unwanted contact, the crime becomes battery. It is not possible to commit battery without physical contact. For example, assault occurs when a perpetrator threatens a victim with violence. Then the perpetrator carries out the threatened act of violence, and battery occurs. So it is possible to commit assault and battery in the same sequence of events.
If you are facing charges for assault and/or battery, it is important to review every aspect of your case. Even a seemingly trivial detail of the inciting incident may prove vital. At Rasheed & Associates, P.C., our experienced criminal defense attorneys work with you to build a compelling presentation of your side of events to refute the charges or put your actions in a favorable context.
Experienced lawyers handle aggravated assault and battery charges
In certain circumstances, assault or battery can rise to the level of aggravated assault or battery. Penalties escalate for these aggravated crimes, resulting in larger fines and longer periods of confinement.
Simple assault becomes aggravated when the perpetrator threatens or attempts to attack the victim with a deadly weapon. Aggravated assault also occurs if the perpetrator attempts to conceal his identity, as with a mask. Lastly, if the perpetrator intends to commit a felony and engages in assault, that combination rises to aggravated assault.
Simple battery becomes aggravated when the perpetrator initiates physical contact with the intent to injure the victim. Whether the victim sustains a severe injury or not, use of a deadly weapon constitutes aggravated battery. It is enough that the perpetrator’s actions might cause a severe injury.
Even in cases of aggravated assault or battery, Rasheed & Associates, P.C. can review your case and develop an effective plan to fight the charges.
Contact knowledgeable New Mexico attorneys for a free initial consultation on assault and battery charges
If you face assault and battery charges in New Mexico, Rasheed & Associates, P.C. can analyze your case in detail and plan an appropriate defense strategy. Call us at 505-847-5205 or contact us online to arrange a free initial consultation at our office in Albuquerque.