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Yeah the question that lingered for me is: what makes this aggravated assault, if "with a deadly weapon" is already appended to the charge? I would think that t
by gnicholas 4y ago
Yeah the question that lingered for me is: what makes this aggravated assault, if "with a deadly weapon" is already appended to the charge? I would think that the involvement of a deadly weapon could be an aggravating circumstance, but it seems like double-counting to up the charge in two places based on the weapon.
But a quick google [1] shows that in NM, assault counts as aggravated if you're just holding a deadly weapon. So the reporting is just a bit sloppy — the charge itself doesn't reference "with a deadly weapon". It's just aggravated assault (because a deadly weapon was involved).
1: https://www.newmexicolegalgroup.com/criminal-defense/new-mexico-assault-and-aggravated-assault-felony/ https://www.newmexicolegalgroup.com/criminal-defense/new-mex...
- GravitasFailure 4y agoI love states that have these kinds of clear explanations of their laws.
- dmurray 4y agoThis explanation isn't coming from the state. It's written and published by a for-profit law firm to attract business, in the same way a tech company might have a blog with beginner tutorials on tech topics.