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.
Local Context
This offense is distinct from battery on a peace officer (§ 30-22-25 NMSA), which requires actual unlawful touching or application of force. Assault requires only a threat or attempt without completed contact. The statute protects peace officers, including law enforcement officers, corrections officers, and probation/parole officers, acting in their official capacity.
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
Domestic Violence Charges in New Mexico: Household Members, No-Contact Orders, and Why Victims Can't Drop Charges
How battery against a household member works in New Mexico: misdemeanor vs. felony versions, no-contact release conditions, protection orders, and firearm consequences.
Bail in New Mexico: Why There Is (Mostly) No Cash Bail Anymore
New Mexico voters ended most cash bail in 2016. How pretrial release, bond conditions, and no-bail detention actually work in Doña Ana County courts.
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Recent Arrests for This Charge (22)

Sunland Park Man, 38, Booked on Felony Battery on Peace Officer Charges
JONATHAN RIOS | 8 charges

Las Cruces Woman, 43, Booked on Suspicion of Assault on a Peace Officer
YVETTE ENRIQUEZ | 1 charge

Las Cruces Man, 35, Booked at Doña Ana County Detention Center as Fugitive
WESLEY STUBBS | 5 charges

Las Cruces Woman, 28, Booked on Charges of Assault on a Peace Officer
SAMANTHA REYES | 2 charges

Sunland Park Man, 72, Booked on Assault on a Peace Officer Charge
GREGORIO PINON-DURAN | 1 charge

Mesilla Man, 35, Booked on Charges of Assault on a Peace Officer and Resisting
JONATHAN CHAVEZ | 3 charges

El Paso Man, 31, Booked on Felony Battery on a Peace Officer Charge
JAVIER VASQUEZ | 6 charges

Sunland Park Man, 36, Booked on Battery and Assault on Peace Officer Charges
RAFAEL SUNER | 6 charges

Las Cruces Man, 24, Booked on Felony Battery and Assault on Peace Officer
DEVON GRANADO | 4 charges

Las Cruces Woman, 42, Booked on Felony and Misdemeanor Charges
DAVINA EGAN | 4 charges

Hatch Man, 40, Charged with Resisting or Obstructing
GUY HALL | 3 charges

Las Cruces Man, 32, Charged with Battery on Peace Officer
ASHLEA GARZA | 4 charges

Silver City Man, 24, Charged with Battery on Peace Officer
ESTEVAN MALDONADO | 4 charges

Las Cruces Man, 27, Charged with Battery Against a Household Member
CONNOR PATNODE | 3 charges

Las Cruces Man, 30, Charged with Assault on Peace Officer
JACOB HERNANDEZ | 5 charges

Las Cruces Man, 20, Booked on Felony Warrant and Assault on an Officer
ELIJAH ISSAYAH FILES MESA | 5 charges

Las Cruces Man Richard Louis Sanchez, 44, Faces Officer Assault, Trespass Charges
RICHARD SANCHEZ | 5 charges

Sapello Woman Libby Ann Cattey, 26, Faces Felony Battery on Officer Charges in Las Cruces
LIBBY CATTEY | 6 charges

Phoenix Man, 31, Booked on Battery of Peace Officer and Trespass Charges
FRANCISCO JUAREZ | 8 charges

Las Cruces Man, 22, Booked on Charges of Aggravated Battery on a Peace Officer
JUAN TORRES | 6 charges

Las Cruces Man, 37, Booked on Charges Including Battery on a Peace Officer
ANTONIO HERRERA | 6 charges

Las Cruces Man, 36, Booked on Battery on Peace Officer and Court Commitment
JOSHUA TELLEZ-MORALES | 7 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.