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 New Mexico, assault is defined under state law 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 aligns with the general definition of assault, which does not require physical contact but rather the creation of a reasonable fear of imminent harm. The crime of assault in New Mexico can be charged as a petty misdemeanor, misdemeanor, or felony, depending on the circumstances and severity of the threat. For example, aggravated assault, which may involve the use of a deadly weapon or the intent to commit a felony, is treated more seriously and carries stiffer penalties. It's important to note that battery is indeed considered a separate offense in New Mexico, which involves the actual use of force or violence upon another person.