Aggravated Battery Not Death Or Great Bodily Harm

Legal Definition

A person commits aggravated battery when they unlawfully touch or apply force to another in a rude, insolent, or angry manner with a deadly weapon or in a manner that shows an utter disregard for the safety of human life, but the battery does not result in great bodily harm. The offense requires either the use of a deadly weapon or conduct demonstrating extreme indifference to the value of human life, yet the victim does not suffer serious injury.

Possible Punishment

Up to 364 days in county jail and a fine up to $1,000. Aggravated battery is a misdemeanor when it does not cause or is not likely to cause great bodily harm; if great bodily harm results or a deadly weapon is used in a manner likely to cause such harm, the offense becomes a third degree felony with a basic sentence of 3 years imprisonment and a fine up to $5,000.

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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