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§ 30-3-16 NMSAThird Degree Felony Violent

Agg. Battery Against Household Member Great Bodily Harm

Legal Definition

A person commits aggravated battery against a household member when they unlawfully touch or apply force to a household member in a manner that causes or is likely to cause great bodily harm. Great bodily harm means an injury that creates a high probability of death, causes serious disfigurement, or results in permanent or protracted loss or impairment of the function of any member or organ of the body. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, co-parent of a child, or co-resident.

Possible Punishment

Basic sentence of 3 years imprisonment; fine up to $5,000. Because this offense involves great bodily harm, the court may impose up to 6 years imprisonment. A mandatory period of parole follows release. This offense carries enhanced penalties compared to simple battery against a household member due to the severity of injury inflicted.

Local Context

This charge is distinct from simple battery against a household member (§ 30-3-15, a misdemeanor) because it requires proof of great bodily harm or the likelihood thereof. The household-member relationship is a statutory aggravating factor that elevates what would otherwise be aggravated battery under § 30-3-5. Prosecutors must prove both the household relationship and the extent of injury or risk of injury.

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

Recent Arrests for This Charge (30)

CARLOS SALAS mugshot - Las Cruces arrest, Doña Ana County
FEL

Sunland Park Man, 29, Booked on Kidnapping and Aggravated Battery Charges

CARLOS SALAS | 9 charges

4d ago
ADAN QUINTERO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 41, Faces Felony Charges Including False Imprisonment

ADAN QUINTERO | 6 charges

7d ago
NATHAN ARMIJO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 36, Booked on Felony Domestic Battery Charges

NATHAN ARMIJO | 2 charges

16d ago
PEDRO DE LEON mugshot - Las Cruces arrest, Doña Ana County
FEL

Sunland Park Man, 28, Booked on Felony Battery and Interference Charges

PEDRO DE LEON | 4 charges

16d ago
PEDRO BARRAZA mugshot - Las Cruces arrest, Doña Ana County
FEL

Anthony, Texas Man, 33, Booked on Felony Domestic Battery Charges

PEDRO BARRAZA | 4 charges

17d ago
ANDRES MARTINEZ-ONTIVEROS mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 21, Booked on Felony Charge of Aggravated Battery Against Household Member

ANDRES MARTINEZ-ONTIVEROS | 2 charges

33d ago
SAUL MONTENEGRO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 37, Booked on Felony Robbery Charge at Montana Avenue Apartment

SAUL MONTENEGRO | 6 charges

34d ago
MACHE JOHNSON mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 40, Booked on Felony False Imprisonment and Battery Charges

MACHE JOHNSON | 3 charges

37d ago
XAVIER EBNER mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 19, Booked on Aggravated Battery and Domestic Battery Charges

XAVIER EBNER | 2 charges

38d ago
GARRETT MOSER mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 46, Booked on Aggravated Battery and Breaking and Entering Charges

GARRETT MOSER | 4 charges

41d ago
ROMERO SERENA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 24, Booked on Felony Aggravated Battery and False Imprisonment

ROMERO SERENA | 4 charges

45d ago
MONIQUE MARTINEZ mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Woman, 32, Booked on Battery and Burglary Charges

MONIQUE MARTINEZ | 2 charges

60d ago
CONNARD BOWLING mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 38, Booked on Residential Burglary and Felony Battery Charges

CONNARD BOWLING | 9 charges

61d ago
PABLO HERNANDEZ VALENCIA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 51, Booked on Felony Aggravated Battery and Assault Charges

PABLO HERNANDEZ VALENCIA | 4 charges

74d ago
VERONICA ELIZALDE mugshot - Las Cruces arrest, Doña Ana County
FEL

Pie Town Woman, 57, Booked on Aggravated Assault Against a Household Member Charge

VERONICA ELIZALDE | 1 charge

75d ago
JESSIE PENA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 43, Booked on Aggravated Assault and Battery Charges

JESSIE PENA | 4 charges

80d ago
ANASTACIO ARMIENTA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 25, Charged with Agg. Battery Against Household Member Great Bodily Harm

ANASTACIO ARMIENTA | 4 charges

83d ago
IVAN HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 32, Charged with Agg. Battery Against Household Member Great Bodily Harm

IVAN HERNANDEZ | 3 charges

84d ago
NOE GARCIA mugshot - Las Cruces arrest, Doña Ana County
FEL

Anthony Man, 52, Booked on Felony Battery and False Imprisonment Charges

NOE GARCIA | 5 charges

98d ago
PAULA ORTIZ mugshot - Las Cruces arrest, Doña Ana County
FEL

El Paso Woman, 43, Booked on Vehicular Homicide and Battery Charges

PAULA ORTIZ | 4 charges

99d ago
KEVIN SALAZAR mugshot - Las Cruces arrest, Doña Ana County
FEL

Mesquite Man, 25, Booked on Felony Battery Charges Involving a Household Member

KEVIN SALAZAR | 2 charges

103d ago
JESSE QUEVEDO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 37, Booked on Household Assault and Failure to Appear Charges

JESSE QUEVEDO | 12 charges

109d ago
CARLOS ESTRADA VEGA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 70, Booked on Aggravated Battery Against a Household Member Charge

CARLOS ESTRADA VEGA | 2 charges

112d ago
VICTOR CARDOZA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 27, Booked on Felony Battery Charge Involving Household Member

VICTOR CARDOZA | 1 charge

112d ago
IVAN SANTILLAN mugshot - Las Cruces arrest, Doña Ana County
FEL

Mesquite Man, 44, Faces Felony Burglary and Domestic Battery Charges

IVAN SANTILLAN | 6 charges

125d ago
NICHOLAS HERRERA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 34, Booked on Multiple Counts of Aggravated Battery

NICHOLAS HERRERA | 6 charges

127d ago
DOMINIC BRUKE mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 19, Booked on Felony Battery of a Household Member Charge

DOMINIC BRUKE | 1 charge

129d ago
PEDRO MORENO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 24, Booked on Felony Battery and Interference Charges

PEDRO MORENO | 2 charges

130d ago
HUMBERTO VELASCO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 46, Charged with Agg. Battery Against Household Member Great Bodily Harm

HUMBERTO VELASCO | 3 charges

137d ago
ALIOCHA BILLALBA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 22, Charged with Agg. Battery Against Household Member Great Bodily Harm

ALIOCHA BILLALBA | 2 charges

140d ago

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.