Description: Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with assault resulting in serious bodilty injury in violation of 18 U.S.C. 1153 and 113(a)(6).

"Assault and battery are two separate, but related, legal terms.

Assault is the intentional threat or attempt to cause physical harm to another person. Battery is the actual physical contact or touching of another person without their consent.

Both assault and battery are considered torts, which are civil wrongs. This means that if someone assaults or batters another person, the victim may be able to sue the perpetrator for damages.

Assault

To prove assault, the victim must show that the perpetrator:

Intended to cause physical harm, and
Made a threat or attempt to cause physical harm that was reasonably likely to create fear in the victim.

The threat or attempt can be verbal or physical. For example, if someone points a gun at another person and says, "I'm going to shoot you," that would be considered assault. Even if the person doesn't actually fire the gun, they have still threatened to cause physical harm.

Battery

To prove battery, the victim must show that the perpetrator:

Intentionally caused physical contact, and
The contact was harmful or offensive.

The contact can be direct or indirect. For example, if someone punches another person in the face, that would be considered direct battery. If someone throws a rock at another person and hits them, that would be considered indirect battery.

The contact does not have to be serious to be considered battery. Even a slight touch can be considered battery if it is unwanted.

Defenses to Assault and Battery

There are a number of defenses to assault and battery, including:

Self-defense: If someone assaults or batters you in order to defend themselves from your attack, they may not be guilty of assault or battery.
Defense of others: If someone assaults or batters you in order to defend someone else from your attack, they may not be guilty of assault or battery.
Consent: If you consent to being touched, then the person who touches you cannot be guilty of battery.
Accident: If someone assaults or batters you accidentally, they may not be guilty of assault or battery.

Penalties for Assault and Battery

The penalties for assault and battery vary depending on the severity of the offense. For example, a simple assault may only be punishable by a fine, while a serious assault or battery may be punishable by imprisonment.

If you have been assaulted or battered, you should contact the police and an attorney to discuss your legal options."

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Outcome: SENTENCE IMPOSED: CBOP: 6 months and 7 days, or time served through October 4, 2023, to be released as early as possible on Wednesday, October 4, 2023, at the US Courthouse in Albuquerque, NM, to US Probation for transportation to the Four Winds inpatient substance abuse treatment program in Rio Rancho, NM; Supervised Release: 3 years, with Special Conditions; Restitution: $86,933.38 to Hospital Services Corporation, $300 monthly or 10% of gross monthly income, whichever is greater (payable once employed, no interest on restitution); SPA: $100; Defendant held in custody

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Defendant's Experts:

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