Assault With Intent To Commit A Violent Felony

Legal Definition

A person commits assault with intent to commit a violent felony when they unlawfully attempt or threaten to apply force to another person with the present intent to commit a violent felony upon that person. The offense requires both an assault (an unlawful attempt or threat to apply force) and the specific intent at that moment to commit a violent felony, such as murder, criminal sexual penetration, robbery, or aggravated battery. The violent felony need not be completed; the intent at the time of the assault is the key element.

Possible Punishment

Basic sentence of 3 years imprisonment; fine up to $5,000. A mandatory period of parole follows release. If the intended violent felony was one resulting in death or great bodily harm, or involved a deadly weapon, the court may consider aggravating factors at sentencing.

Violent-Crime Cases in Doña Ana County

Violent charges are where New Mexico's pretrial system shows its teeth. For serious felony cases (aggravated battery, armed robbery, homicide), the District Attorney frequently files a pretrial detention motion asking the Third Judicial District Court to hold the defendant with no possibility of release. That is why some people in our booking feed are released within a day while others charged under the same statute stay in custody until trial.

Many bookings in this category involve household members, which triggers additional consequences: no-contact release conditions, orders of protection, and, after a qualifying conviction, a federal firearm prohibition. Charges listed at booking are the arresting officer's charges; the DA decides what is actually filed, and amendments are common in violent-crime cases as evidence develops.

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