Agg. Assault Against A Household Member (Deadly Weapon)

Legal Definition

A person commits aggravated assault against a household member when they threaten or attempt to batter a household member and use or display a deadly weapon in the course of the assault. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child, or person with whom the offender has had a continuing personal relationship. The use or display of a deadly weapon elevates the offense from simple assault.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole follows release. New Mexico law may impose additional conditions such as batterer intervention programs and no-contact orders in domestic violence cases.

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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