Select your state

Criminal charges

assault on a police officer

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.

In New Mexico, assault is defined under NM Stat § 30-3-1 (2021) as an attempt to commit a battery upon the person of another, or any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery. This means that physical contact is not necessary for an act to be considered assault; the fear or apprehension of harm is sufficient. Assault is typically classified as a petty misdemeanor in New Mexico, but certain circumstances can elevate the charge. For instance, assaulting a peace officer, school employee, or healthcare worker while they are performing their duties can result in more severe penalties, potentially rising to the level of a felony. The specific classification and penalties for assault can vary depending on the circumstances of the case and the individuals involved.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal charges

assault on a police officer

Individual & Family Legal Plan

Articles

New-Mexico State Code

New-Mexico State Code

Criminal charges

assault on a police officer

Articles