Battery On Peace Officer
Legal Definition
A person commits battery upon a peace officer when they unlawfully touch or apply force to a peace officer while that officer is in the lawful discharge of their duties. This offense is a fourth degree felony, distinguishing it from simple battery by the victim's status as a peace officer acting in an official capacity.
Possible Punishment
Battery upon a peace officer is a fourth degree felony punishable by up to 18 months imprisonment and a fine of up to $5,000.
Local Context
This charge applies specifically when the victim is a peace officer performing lawful duties at the time of the battery. The statute recognizes the enhanced protection afforded to law enforcement and other peace officers. Related provisions may address battery on other public officials or healthcare workers under separate sections. The offense does not require injury, only unlawful physical contact.
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 (30)
Las Cruces Man, 24, Booked on Felony Battery and Assault on Peace Officer
DEVON GRANADO | 4 charges
Las Cruces Woman, 20, Booked on Felony Charges for Battery on Personnel
VIVIANA RAMOS | 2 charges
Las Cruces Man, 56, Booked on Battery on Peace Officer and Property Damage Charges
ARMANDO RENTERIA | 5 charges
Las Cruces Man, 40, Booked on Felony Battery on Peace Officer Charges
GENE GIBSON | 4 charges
Las Cruces Man, 20, Booked on Battery of a Peace Officer and Weapons Charges
GABRIEL SOLTERO | 3 charges
Las Cruces Man, 34, Booked on Felony Battery on a Peace Officer Charge
DAVID MARQUEZ | 2 charges
Las Cruces Woman, 44, Booked on Felony Property Damage and Battery Charges
REBECCA GONZALES | 5 charges
Vado Man, 56, Booked on Battery on a Peace Officer and Resisting Charges
RAYMUNDO QUIROZ | 2 charges
Las Cruces Man, 33, Booked on Battery of a Peace Officer and Probation Violation
SCOTT PEREZ | 4 charges
Las Cruces Woman, 20, Charged with Interference W/Communication
ARACELY GRIJALVA-MOTZ | 3 charges
Las Cruces Man, 48, Booked on Felony Battery and Breaking and Entering Charges
ROBERT SHARP | 4 charges
Las Cruces Man, 47, Booked on Multiple Counts of Battery on a Peace Officer
ELEE SILVA | 3 charges
Las Cruces Man, 32, Charged with Battery on Peace Officer
ASHLEA GARZA | 4 charges
Las Cruces Man, 33, Charged with Court Commitment
DOMINIC DENNISON | 5 charges
Silver City Man, 24, Charged with Battery on Peace Officer
ESTEVAN MALDONADO | 4 charges
Las Cruces Man, 42, Charged with Failure to Appear
ANTHONY OVEIDE | 6 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 Woman, 28, Faces Three Felony Battery on Peace Officer Counts
HEAVENLY CHELF | 6 charges
Las Cruces Man, 24, Faces Felony Charges of Battery and Assault on Peace Officer
ALEX HERNANDEZ | 5 charges
Phoenix Man, 31, Booked on Battery of Peace Officer and Trespass Charges
FRANCISCO JUAREZ | 8 charges
Albuquerque Man, 18, Faces Felony Charges Over Alleged Officer Attack
ANGELO MORALES | 2 charges
Las Cruces Man, 47, Booked on Felony Battery and False Imprisonment Charges
DAVID RAMIREZ | 3 charges
Las Cruces Man, 37, Booked on Shoplifting and Battery on Officer Charges
ANTONIO HERRERA | 6 charges
Las Cruces Man, 44, Faces Felony Assault Charge After Hadley Arrest
RANDY DALE | 6 charges
Las Cruces Woman, 23, Booked on Aggravated Dwi, Battery on Officer, Probation Violation
YVONNE ROMERO | 7 charges
Albuquerque Woman, 50, Booked on Eight Counts Including Battery on Officers
CRISTINA CASTORENA-NOBLE | 8 charges
Las Cruces Man, 36, Booked on Three Counts of Battery on a Peace Officer
KARLO HAMILTON | 9 charges
Las Cruces Man, 36, Booked on Battery on Peace Officer and Court Commitment
JOSHUA TELLEZ-MORALES | 7 charges
Anthony Man, 30, Faces Felony Assault, Battery on Officer Charges
ARMANDO CASTILLO | 5 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.