New Mexico Assault Penalties (2026)
Simple assault and aggravated assault charges charges in New Mexico: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing assault charges in New Mexico, consult a licensed New Mexico criminal defense attorney.
New Mexico Assault Penalties
| Offense | Penalty |
|---|---|
| First Offense | Misdemeanor: up to 364 days jail, $1,000 fine |
| Second Offense | 4th degree felony: up to 18 months prison |
NMSA §30-3-1; simple assault is misdemeanor; aggravated assault is felony
Assault Statute of Limitations in New Mexico
In New Mexico, the statute of limitations for assault is generally 3 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in New Mexico.
Defending Against Assault Charges in New Mexico
Common defenses in New Mexico assault cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a New Mexico criminal defense attorney for advice.
Related New Mexico Laws
DUI / DWI
Marijuana Possession
Theft / Larceny
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication