Though assault does not involve any physical violence, it can cause a victim to live in perpetual fear. Fear can interfere with a person’s ability to go to work, maintain healthy relationships or engage in healthy and meaningful activities. Many people are unaware that there are legal remedies — both criminal and civil — for threatening body gestures, language or conduct. Roybal-Mack & Cordova, PC makes it a point to educate Albuquerque residents of their civil rights in the event of an unsolicited assault.

Know What Constitutes Assault

Per New Mexico law, assault refers to one of three behaviors:

  • One person’s attempt to commit battery on another
  • Any unlawful act, menacing conduct or threat that causes another person to reasonably fear for his or her long-term or immediate safety
  • The use of insulting or derogatory language that assails another person’s reputation, honor or delicacy

Assault is a petty misdemeanor crime and, as such, is punishable by fines and possible jail time. However, many victims of assault continue to experience the life-altering effects of assault long after the perpetrator is freely living his or her life again. In these situations, the victim has the option to file a civil lawsuit, or an “intentional torts” claim, against the guilty party.

Damages in Assault Cases

Attorneys Antonia Roybal-Mack and Darren Lee Cordova are intimately familiar with the New Mexico legal system and are aware that, though no physical injury is required in assault torts, lack of injury makes it difficult to assess damages. Before agreeing to work together, we will conduct a thorough evaluation of your case to ensure that pursuing a lawsuit is worth your time. We will then advise you of the possible outcomes and potential damages and give you an honest assessment of the viability of your case.

If you do have a strong case, the damages you may recover are similar to those in a personal injury case. Because no physical harm occurred, medical bill renumeration is out of the question. However, if you attended therapy as a result of the assault, you may be able to recover for past and future therapy expenses. Additional damages may include past and future lost wages, loss of enjoyment of life and emotional duress.

Let Us Help You Move Forward

At Roybal-Mack & Cordova, PC we operate with a single goal in mind, and that is to help our clients move forward. Moving on after assault is not always easy, but with the right support and guidance, you can do so in the healthiest way possible — by securing justice. When you are ready to move past the fear and onto a better future, contact Roybal-Mack & Cordova, PC to schedule a private consultation today.

Dedicated Advocacy. Meaningful Results.

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