N.M. Stat. § 30-3-2 : — CRIMINAL OFFENSESASSAULT AND BATTERY —3-2 - Aggravated assault TEXT PDF Aggravated assault consists of either: A. unlawfully assaulting or striking at another with a deadly weapon; B. committing assault by threatening or menacing another while wearing a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner, so as to conceal identity; or C. wilfully [willfully] and intentionally assaulting another with intent to commit any felony. Whoever commits aggravated assault is guilty of a fourth degree felony. NMS § 30-3-2 1953 Comp., § 40A-3-2, enacted by Laws 1963, ch. 303, § 3-2.