Top Capitan, NM Assault Lawyers Near You

Assault Lawyers | Serving Capitan, NM

1401 Sudderth Dr, Suite 5, Ruidoso, NM 88345

Assault Lawyers | Serving Capitan, NM

443 Mechem Drive, PO Box 2460, Ruidoso, NM 88355

We found a limited number of Assault law firms in Capitan. Below are some of the closest additional firms.

Assault Lawyers | Serving Capitan, NM

PO Box 772, Socorro, NM 87801

Assault Lawyers | Serving Capitan, NM

701 W Country Club Rd, Roswell, NM 88201

Assault Lawyers | Serving Capitan, NM

643 Hwy 314 NW, Los Lunas, NM 87031

Assault Lawyers | Serving Capitan, NM

509 W. Pierce St., PO Box 2168, Carlsbad, NM 88221

Assault Lawyers | Serving Capitan, NM

165 West Lucero Avenue, Las Cruces, NM 88005

Assault Lawyers | Serving Capitan, NM

910 Lake Tahoe Court, Las Cruces, NM 88007

Assault Lawyers | Serving Capitan, NM

1905 Wyoming NE, Albuquerque, NM 87112

Assault Lawyers | Serving Capitan, NM

6565 Americas Parkway NE, Suite 200, Albuquerque, NM 87110

Assault Lawyers | Serving Capitan, NM

2155 Louisiana Boulevard NE, Suite 10400, Albuquerque, NM 87110

Assault Lawyers | Serving Capitan, NM

2701 Arizona Street NE, Albuquerque, NM 87110

Assault Lawyers | Serving Capitan, NM

818 5th Street SW, Albuquerque, NM 87102

Assault Lawyers | Serving Capitan, NM

7112 Aztec Rd. NE, Albuquerque, NM 87110

Assault Lawyers | Serving Capitan, NM

6801 Jefferson Street Northwest, Suite 210, Albuquerque, NM 87109

Capitan Assault Information

Lead Counsel Badge

Lead Counsel Verified Attorneys in Capitan

Lead Counsel independently verifies Assault attorneys in Capitan and checks their standing with New Mexico bar associations.

Our Verification Process and Criteria

  • Ample Experience

    Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
  • Good Standing

    Be in good standing with their bar associations and maintain a clean disciplinary record.
  • Annual Review

    Submit to an annual review to retain their Lead Counsel Verified status.
  • Client Commitment

    Pledge to follow the highest quality client service and ethical standards.

The Average Total Federal Prison Sentence for in New Mexico

48.36 months *

* based on 2021 Individual Offenders - Federal Court sentencing in New Mexico federal courts. See Sentencing Data Information for complete details.

What Are The Types of Assault?

The most commonly encountered forms of assault are simple assault, aggravated assault, verbal assault and sexual assault.

Simple assault refers to any violence, or threat thereof, which does not involve the use of a deadly weapon. One example of simple assault might be a fellow patron threatening to punch you in the face over a disagreement at a bar, and another might be getting involved in the fight that follows.

Aggravated assault is a more serious form of assault, and by definition involves the use of a deadly weapon. Someone threatening to kill you while brandishing a firearm could be found guilty of aggravated assault, for example.

Sexual assault occurs when an offender, without the consent of the victim, engages in any non-consensual sexual act. A bar patron groping another guest’s breasts without their consent would constitute an act of sexual assault.

Verbal assault is as it sounds, and is typically more of a societal infraction or grounds for a civil suit rather than a criminal case. While verbal assault may be part of a simple or basic assault charge (threats of violence, if credible, do constitute assault) it is not a criminal charge in and of itself.

What Are the Differences Between Felony and Misdemeanor Assault?

Assault can be charged as either a misdemeanor or a felony offense, based both on the jurisdiction as well as the severity of the alleged offense itself.

What was earlier described as simple assault is more commonly charged as a misdemeanor. A blow to the chest that left no lasting medical impression on the victim could be charged as a misdemeanor if the offender is a first-time offender. That being said, repeat offenders may see an instance that may have been afforded leniency by a court prosecutor escalated to a felony offense.

Instances of aggravated assault, however — even if not legally differentiated from assault or battery in a particular case — are almost always charged as felony offenses. Cutting someone with a knife, shooting someone with a gun or any other instance of serious physical violence which results in non-superficial bodily harm are instances in which felony charges are likely.

It should also be noted that assault and battery are commonly conflated, and some jurisdictions do not differentiate between the two. In jurisdictions that do delineate the two charges, battery typically requires that physical contact is actually made between the offender and victim during the offense, while assault does not require this element.

What Are the Different Degrees of Assault?

There are several different degrees of assault. Assault with intent to murder can result in imprisonment for a period of up to 20 years if convicted, while assault with a dangerous weapon can be penalized by up to 10 years behind bars. Simple assault can result in fines as well as a jail sentence of up to one year.

Many state courts treat assault under a difference of degrees. In some states, for example, an assault can be charged as a Class A misdemeanor, as a Class D felony or as a Class B felony. If you are charged a misdemeanor, you could be penalized with a fine, a jail sentence and probation for years. A Class D felony conviction could lead to incarceration, while a Class B felony conviction can result in a sentence of between three to 25 years imprisonment.

Why Do You Need a Defense Lawyer for Assault Charges?

If you are facing assault charges, whether felony or misdemeanor and at the state or federal level, it is highly advisable that you secure the services of an experienced criminal defense attorney.

Assault charges are taken quite seriously by courts, and a conviction will result not only in potential incarceration, hefty fines and restitution but also a criminal record. A skilled lawyer can help you navigate the options available to you and craft the best defense possible.

Do You Need a Criminal Assault Attorney?

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

If you need to defend against criminal assault charges, a Capitan criminal assault lawyer can make all the difference. Assault charges are serious and no one should try and defend themselves without legal help.

What Do Judges Look for in Custody Cases?

In every state, family court judges must consider what is in the child’s best interests when determining custody. In most cases, judges emphasize making sure the child will spend ample time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and which situation the child will be most likely to thrive in.

Who Has Legal Custody of the Child When the Parents Aren’t Married?

If the parents are not married, the child’s biological parents both have parental rights unless the law says otherwise. An exception to this could be if no father is listed on the child’s birth certificate. In that case, the father would have to go through the legal process of establishing paternity to be able to assert his parental rights for visitation.

How Can a Mother Lose Custody of Her Child?

A mother can lose custody of her child in much the same way a father could. This could include abusing the child, abusing drugs or alcohol, providing an unsafe home environment for the child, or abandoning the child.

How Can You Change a Child Custody Order?

If you or your ex are unhappy with the current custody arrangement, you can negotiate a change to your agreement. If a judge feels that the changes are still in the child’s best interests, then they may approve the order. If one of you is pressing ahead with seeking a change and the other parent is contesting it, you will need to prove a “substantial” change in circumstances. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling of visitation.

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