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Assault

Section 30-3-1 — an attempted battery, or a threat that makes someone expect one, is a petty misdemeanor

Assault is an attempt to commit a battery on another person, an unlawful act, threat or menacing conduct that makes another person reasonably believe they are about to receive an immediate battery, or the use of insulting language toward another impugning their honor, delicacy or reputation. It is a petty misdemeanor.

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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

Aggravated assault, a fourth degree felony, is unlawfully assaulting or striking at another with a deadly weapon, assaulting by threat or menace while wearing a mask or other covering or disguise to conceal identity, or willfully and intentionally assaulting another with intent to commit any felony.

Sources for this section (2)
  1. NMSA 1978, § 30-3-1 — Assault
  2. NMSA 1978, § 30-3-2 — Aggravated assault

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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