This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
New Mexico Complaint regarding Assault and Battery
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Multi-State
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US-CMP-10048
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FAQ
New Mexico Battery (Misdemeanor) Punishment A simple battery charge carries a maximum of six months jail sentence. A person convicted of simple battery may also be required to pay up to a $500 fine and spend up to 6 months on probation. The court can use its discretion when sentencing a person.
C. Whoever commits aggravated battery against a household member by inflicting great bodily harm or doing so with a deadly weapon or doing so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.
However, battery only occurs when there is physical contact with another, even if it is not violent. Additionally, battery is considered to have happened when there is harmful, offensive, and non-consensual touching. On the other hand, assault is the attempt or threat of violence or force on another person.
New Mexico Battery (Misdemeanor) Charges Battery is unlawfully touching or hitting another person in an offensive, rude, harmful, or forceful manner. Actual physical contact must have occurred. The accused must have intentionally touched the other person.
There is no time limit for bringing a case for a capital or first-degree violent felony. A case for a second-degree felony must be started within 6 years. A case for a third- or fourth-degree felony must be started within 4 years.
Section 30-3-15 - Battery against a household member. A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.
Section 30-3-4 - Battery. Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. Whoever commits battery is guilty of a petty misdemeanor.
In New Mexico, offensive physical contact, such as punching or pushing another person or hitting someone with an object, is a battery.
