When you are arrested and charged with aggravated assault or aggravated battery in New Mexico, you could face severe, life-altering consequences if convicted. It is important to understand the differences between these two charges as well as the penalties you could face.
What is Aggravated Assault?
You can be charged with aggravated assault when you threaten a victim with bodily harm and cause him or her to fear for his or her safety. If you are charged with aggravated assault, you may be accused of:
- Threatening or attempting to strike or otherwise injure someone with a deadly weapon
- Threatening or attempting to strike or injure another while concealing your identity
- Willfully and intentionally threatening or attempting to strike or apply physical force to another with the intent of committing a felony
A charge of aggravated assault can be more severe if you commit the assault against a protected person such as a school employee, a sports official or a health care worker while they are doing their job.
What is Aggravated Battery?
You can be charged with aggravated battery if you act to touch or attack someone in an offensive or angry way while meaning to injure them or another person in a way that could:
- Cause death or great bodily harm
- Cause great bodily harm
- Cause an injury that is not likely to result in death or great bodily harm, but that does result in painful, temporary scars; temporary loss of any organ or limb; or that causes any organ or limb to not work for a period of time
A charge of aggravated battery can be more severe if you commit the battery against a protected person such as a school employee, a sports official or healthcare worker, or if you commit the aggravated battery with a deadly weapon such as a gun or knife.
What are the penalties?
The courts take the charges Aggravated Assault or Aggravated Battery very seriously. Being convicted of either could negatively impact the rest of your life. You could face:
- Time in prison
- Heavy fines
- Probation
- Anger management programs
- Loss of the right to vote
- A criminal record
- Loss of professional licensure
With a criminal record you also lose the right to serve as a juror, own a firearm, run for public office, and you may not be able to get certain jobs.
What to do next?
When you are charged with aggravated assault or aggravated battery, you face serious penalties. An experienced criminal defense attorney can help you understand the charges filed against you, investigate your case and represent you in court. Your attorney will determine whether or not your charges can be dismissed, negotiate a lighter sentence if possible, and make the right decisions for your defense.
The right choice for the rest of your life
Erlinda Ocampo Johnson is an experienced criminal defense attorney with deep knowledge of state and federal law gained during a decade of serving in the State and Federal Prosecutor’s Offices. Her experience gives her insight into building your case while anticipating the moves of the other side.
Contact the law firm of Erlinda Ocampo Johnson, LLC, to gain a thorough, thoughtful and fearless criminal defense attorney. Ms. Johnson will dedicate herself to your case, fight for you, and build an aggressive, effective defense on your behalf.
