Assault On Peace Officer

Legal Definition

A person commits assault on a peace officer when they unlawfully attempt or threaten to apply force to the person of a peace officer while that officer is engaged in the lawful discharge of their duties. The offense requires an apparent present ability to carry out the threat or attempt, and the officer must be acting in their official capacity at the time. This is classified as a misdemeanor punishable by up to 364 days imprisonment and a fine of up to $1,000.

Possible Punishment

Assault upon a peace officer is a misdemeanor punishable by up to 364 days imprisonment and a fine of up to $1,000.

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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