Assault On Peace Officer

Legal Definition

A person commits assault on a peace officer when they threaten or attempt to commit a battery upon a peace officer while the officer is in the lawful discharge of their duties. The offense requires an unlawful attempt or threat to injure the officer, coupled with an apparent present ability to do so, and does not require actual physical contact. The actor must know or have reason to know the victim is a peace officer.

Possible Punishment

Up to 364 days in county jail and a fine up to $1,000. If the assault is committed with a deadly weapon, the offense becomes aggravated assault on a peace officer under § 30-22-22 NMSA, a Fourth Degree Felony.

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.

Related Guides