Agg. Assault Against A Household Member (W/Intent To Commit A Felony)
Legal Definition
A person commits aggravated assault against a household member when they unlawfully assault a household member with intent to commit a felony. The assault must be committed against someone who shares or formerly shared a household with the offender, including spouses, intimate partners, parents, children, or others who reside or have resided together. The intent to commit a felony during the assault elevates the offense beyond simple assault.
Possible Punishment
Basic sentence of 3 years imprisonment; fine up to $5,000. A mandatory period of parole follows release. Because this offense involves domestic violence, the court may impose additional conditions including batterer intervention programs and no-contact orders.
Local Context
This charge combines the elements of aggravated assault (§ 30-3-2) with the household-member relationship defined in New Mexico's domestic violence statutes. The felony intent requirement distinguishes this from simple assault against a household member. Household member is broadly defined and includes current or former intimate partners, family members, and co-residents.
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 (1)
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.