Aggravated Battery On Officer, Not Great Bodily Harm
Legal Definition
A person commits aggravated battery on a peace officer, not inflicting great bodily harm, when they unlawfully touch or apply force to a peace officer in the lawful discharge of their duties with intent to injure that person, causing painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body. This offense is a fourth degree felony punishable by up to 18 months imprisonment and a fine of up to $5,000.
Possible Punishment
Aggravated battery upon a peace officer not inflicting great bodily harm 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 when the battery on an officer causes injury beyond simple battery but does not rise to the level of great bodily harm. Great bodily harm, which would elevate the offense to a third degree felony under § 30-22-25(B), involves injury creating a high probability of death or causing serious permanent disfigurement or loss or impairment of a body part or organ. The officer must be acting in the lawful discharge of their duties at the time of the offense.
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 (2)
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.