Accusations of battery can carry steep penalties if you’re convicted. While many instances of battery are classed as misdemeanors, the crime can also rise to the felony level depending on the circumstances.

Here at Angela Arellanes Law, all clients receive a solid defense against criminal charges. We’ve seen firsthand how a conviction can affect the outcome of a person’s life, so we try our best to get charges mitigated based on the facts of the case.

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Is There a Difference Between Assault and Battery?

While the terms are often used interchangeably, there’s a difference between assault and battery. Battery is defined as offensive physical contact with another party that is enacted intentionally. A charge of battery can be levied even if no injuries occur to the third party.

On the other hand, assault involves threats and attempts related to battery. For example, if one person threatens to hit another, it would be considered assault (even if the person doesn’t act on the threat).

What Are the Penalties for Battery?

Battery is typically considered a petty misdemeanor unless special circumstances apply. In this case, those convicted of the crime could face up to six months in jail and a possible $500 fine.

What Are the Penalties for Aggravated Battery?

Certain circumstances can elevate a charge to aggravated battery, including:

• Incidents Involving Protected Categories (Fourth-Degree Felony) – Battery involving a medical worker, school employee, or sports official can incur 18 months in prison and a $5,000 fine.

• Incidents Involving Bodily Harm (Misdemeanor) – Battery that causes bodily harm associated with temporary pain (such as bruises and sprains) is punishable by a $1,000 fine and a 364-day jail term.

• Incidents Involving Great Bodily Harm (Third-Degree Felony) – Great bodily harm, including severe lacerations and broken bones, can result in three years in prison and a fine of $5,000.

• Incidents Involving a Deadly Weapon (Third-Degree Felony) – Use of a deadly weapon, such as a gun (loaded or unloaded), knife, or baseball bat, can also incur a $5,000 fine and three years in prison.

Battery Charges Require a Reliable Defense

If you’d like to discuss the charges against you with an experienced attorney, please call (505) 247-2417
to schedule a consultation in Albuquerque. You can also contact my firm for more information. We look forward to assisting you.

Call 505.247.2417 To Speak With An Experienced Criminal Defense And Personal Injury Attorney Today!