Resisting Arrest, Public Affray Defense Lawyers in Albuquerque
Resisting arrest and public affray are two unique criminal charges which are so often thought of as minor offenses, but can in fact run the risk of quickly turning into felony convictions. If you have been charged with either resisting arrest or public affray, it is important to contact an experienced Albuquerque resisting arrest, public affray defense attorney as soon as possible to begin going over your case. Both public affray and resisting arrest are charges which disrupt the peace.
Resisting Arrest in New Mexico
Resisting arrest occurs when a person interferes with a law enforcement officer attempting to perform a lawful arrest. It is defined under New Mexico law as one of the following charges:
- Knowingly obstructing, resisting or opposing any officer attempting to serve an order;
- Intentionally fleeing, attempting to evade or evading an officer when the person has knowledge the officer is attempting to apprehend or arrest him;
- Willfully refusing to bring a vehicle to a stop when given a visual or audible signal to stop (by hand, voice, emergency light, flashing light, siren, or other) by a uniformed officer in a marked police vehicle; or
- Resisting or abusing an officer in the lawful discharge of their duties.
Resisting arrest is a misdemeanor offense, punishable by up to one year in jail and up to a $1,000 fine.
Public Affray vs. Battery
New Mexico law defines “public affray” as two or more persons who voluntarily or by agreement engage in any fight in a public place, to the disturbance of others. Public affray is a petty misdemeanor offense, punishable by up to 6 months in jail and up to a $500 fine.
Public affray can quickly get out of hand and lead to a battery or assault charge, depending on the situation, which can result in a much higher punishment range. However, public affray on its own is distinguishable from battery because it involves two people who both voluntarily engage in a fight. Battery could instead occur if one person is hitting another and that person is retaliating in self-defense.
Each charge has additional penalties such as potential probation, community service, counseling, and a recorded conviction if you are found guilty of the crime. You do not want any crime to go on your permanent record, much less something so minor which could have been avoided if you had spoken with an experienced public affray defense attorney.
Albuquerque Public Affray, Resisting Arrest Attorneys
If you have been arrested for either public affray or resisting arrest, you understand how minor these offenses can seem. However, do not get too confident in your own defense strategy without first speaking to an experienced criminal defense attorney. A misdemeanor conviction can ruin your criminal record and may impact your future career choices and family obligations. Our attorneys collectively have 22 years of experience in handling these types of cases and can guide you toward the best defense strategy. You do not want to ruin your criminal record on a charge which is so small simply by refusing to consult with an attorney by calling us at 505-200-2982.