In New Mexico it is illegal to attempt to hit someone, or threaten to hit someone. Even if no physical contact occurred, you may still get charged with an assault. A conviction for assault is a petty misdemeanor, carrying a maximum of six months in jail. Assault can be aggravated to a felony, however, if it was committed with a weapon or mask for example.
A lawyer will make sure that the Police and District Attorney have followed the strict rules, laws, and regulations that apply to every criminal case, and get both sides of the story. We can question whether the arrest was constitutional, and interview the alleged victim. Did the officer have a warrant? Was I read my rights? Did I consent to be searched? Was this an accident? Can we suppress the evidence? These questions and many more should be evaluated in every case. Please call Aaron J. Boland for a free consultation.