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.
The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.
In New Mexico (NM), assault is defined under NM Stat § 30-3-1 (2021) as an attempt to commit a battery upon another person, or any unlawful act, threat or menacing conduct which causes another person to reasonably believe that they are in danger of receiving an immediate battery. This means that even without physical contact, a person can be charged with assault if they create a reasonable fear of harm. Aggravated assault, often referred to as assault with a deadly weapon, is a more serious offense and is covered under NM Stat § 30-3-2 (2021). This occurs when a person commits assault as defined above, but with the use of a deadly weapon, which can include firearms, knives, or any object that can cause death or great bodily harm. Aggravated assault is considered a fourth-degree felony in New Mexico, and the use of a deadly weapon increases the potential penalties upon conviction.