What is the difference between assault and battery?

Assault and battery are both forms of violent crime in New Mexico. Assault, the more serious of the two, is usually defined as the intent to commit physical harm or threaten harm to another person. This includes verbal and nonverbal threats. Battery, on the other hand, is the actual physical contact with another person. Battery involves the use of force or violence, which need not cause physical injury. In New Mexico, these types of crimes are handled differently. Assault is a misdemeanor in the second degree for a first-time offense, and can be punished by up to six months in jail and/or a fine of up to $500. Battery is generally considered a misdemeanor in the fourth-degree and can carry a sentence of up to one year in jail and/or a fine of up to $1,000. The distinction between assault and battery is important, as both can have a lasting impact on the victim. Assault is often a frightening experience, while battery involves the actual physical contact that can cause injury. In either case, a conviction can result in jail time, a fine, or both. It is important to understand the difference between the two, as the penalties for each can be severe.

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