Bernalillo County Sheriff's Office issued the following announcement on March 29.
Although this incident obviously did not occur in New Mexico, we felt like it was a good opportunity to explain the difference between “assault” and “battery” in our state. #themoreyouknow
Battery and assault are often used simultaneously to refer to the same offense. Each state has different definitions, leading to much confusion as the media and pop culture often use the two terms interchangeably.
Battery is different from assault in New Mexico because it involves actual touching. Assault typically involves only the attempt to commit a battery or the threatening of a battery. Battery is defined under New Mexico law as the “unlawful, intentional touching or application of force to another in a rude, insolent, or angry manner.” Aggravated assault usually involves a deadly weapon and aggravated battery is the touching of a person with the intent to injure.
Let’s all just agree to take a step back when our emotions get the best of us and avoid committing assault and/or battery today and every day.
Original source can be found here.
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