Agg. Battery Against A Household Member (No 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 rude, insolent, or angry manner, and the battery is committed with a deadly weapon or in a manner that shows an utter disregard for the safety of human life, but does not result in great bodily harm. 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 18 months imprisonment; fine up to $5,000. A mandatory period of parole follows release. New Mexico law requires completion of a batterer's intervention program and may impose additional domestic-violence-specific conditions.
Local Context
This offense is the domestic-violence analog to aggravated battery under § 30-3-5 NMSA, but applies specifically when the victim is a household member. The charge code indicates the offense did not cause great bodily harm; had it done so, the classification would be a Third Degree Felony under § 30-3-16(B). Conviction carries mandatory batterer's intervention programming and firearm prohibitions under federal and state law.
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 (6)
Hatch Woman, 33, Booked on Aggravated Battery Against a Household Member Charge
CAROLINA ORTEGA | 1 charge
Las Cruces Man, 46, Charged with Agg. Battery Against a Household Member (No Great Bodily Harm)
DAVE FRAYSER | 1 charge
Las Cruces Man, 28, Charged with Agg. Battery Against a Household Member (No Great Bodily Harm)
SAUL VILLALOBOS | 1 charge
Las Cruces Man, 67, Charged with Agg. Battery Against a Household Member (No Great Bodily Harm)
STEVE HIRD | 2 charges
Anthony Man, 18, Booked on Aggravated Battery Against Household Member
ADRIAN HERNANDEZ | 1 charge
Las Cruces Man, 45, Booked on Armed Robbery, Conspiracy and Battery
RYAN MCGARVIN | 3 charges
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.