N.M. Stat. § 30-3-1 : — CRIMINAL OFFENSESASSAULT AND BATTERY —3-1 - Assault TEXT PDF Assault consists of either: A. an attempt to commit a battery upon the person of another; B. any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or C. the use of insulting language toward another impugning his honor, delicacy or reputation. Whoever commits assault is guilty of a petty misdemeanor. NMS § 30-3-1 1953 Comp., § 40A-3-1, enacted by Laws 1963, ch. 303, § 3-1.