While they’re often mentioned in conjunction, assault and battery are two separate legal issues. Assault is defined as an attempt to physically attack a person or making threats of an attack. No physical contact is involved. With battery, physical contact is made, with sometimes devastating effects.
Simple assault and battery are punishable by up to a six-month jail term, probation lasting no longer than six months, and a possible fine of up to $500. With misdemeanor battery, possible penalties include up to one year in jail, up to one-year probation, and a fine of no more than $1,000.
Aggravated assault and battery are considered more serious and can be classed as felonies depending on the nature of the crimes. As a fourth-degree felony penalty, aggravated assault is punishable by no more than 18 months in prison, up to a $5,000 fine, a possible five-year probation term, one-year parole, and restitution, which is a type of compensation afforded to victims of crimes.
Aggravated battery can entail a misdemeanor charge, punishable by up to a one-year jail term, up to a $1,000 fine, possible one-year probation, and restitution. Penalties for third degree felony aggravated battery include a possible three-year prison term, a potential $5,000 fine, up to five years’ probation, and restitution.
As explained above, assault and battery are criminal issues which are punishable by fines, jail time, and other punitive measures. However, victims can also seek civil remedies for injuries sustained during the incident.
Unlike other personal injury cases, which deal with negligence, filing a personal injury claim after a crime deals with intentional conduct. In addition to showing how the crime led to your injuries, you must also show that the person committed the act with the intent to cause you harm. Accordingly, these claims are often more complex when compared to conventional injury cases. As a result of the conduct being intentional, these cases often raise issues with how to recover and whether there is any insurance coverage for what occurred. You will need an expert to and we are here to help.
Martinez, Hart, Sanchez & Romero, P.C. has a reputation throughout Albuquerque for providing skilled and compassionate legal assistance to our clients. We’ve seen firsthand the devastation criminal acts can cause, which is why we’re so dedicated to providing the best legal counsel possible.