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§ 30-3-16 NMSAFourth Degree Felony Violent

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

Recent Arrests for This Charge (13)

DEVYN ROBINSON mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 24, Booked on Aggravated Battery Against a Household Member

DEVYN ROBINSON | 1 charge

6d ago
MARK HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County

Mesquite Man, 33, Booked on Aggravated Battery Against a Household Member Charge

MARK HERNANDEZ | 1 charge

7d ago
RONNIE VALDEZ mugshot - Las Cruces arrest, Doña Ana County

Mesilla Park Man, 33, Booked on Two Counts of Aggravated Battery Against a Household Member

RONNIE VALDEZ | 3 charges

22d ago
DAMANI ROBINSON mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 18, Booked on Aggravated Battery Against Household Member

DAMANI ROBINSON | 1 charge

32d ago
DAVID VALVERDE mugshot - Las Cruces arrest, Doña Ana County

Anthony Man, 37, Charged with Agg. Battery Against a Household Member (No Great Bodily Harm)

DAVID VALVERDE | 6 charges

35d 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

35d ago
MICHAEL DURAN mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 35, Booked on Domestic Battery and Failure to Appear Charges

MICHAEL DURAN | 5 charges

41d ago
CAROLINA ORTEGA mugshot - Las Cruces arrest, Doña Ana County

Hatch Woman, 33, Booked on Aggravated Battery Against a Household Member Charge

CAROLINA ORTEGA | 1 charge

55d ago
DAVE FRAYSER mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 46, Charged with Agg. Battery Against a Household Member (No Great Bodily Harm)

DAVE FRAYSER | 1 charge

89d ago
SAUL VILLALOBOS mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 28, Charged with Agg. Battery Against a Household Member (No Great Bodily Harm)

SAUL VILLALOBOS | 1 charge

109d ago
STEVE HIRD mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 67, Charged with Agg. Battery Against a Household Member (No Great Bodily Harm)

STEVE HIRD | 2 charges

117d ago
ADRIAN HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County

Anthony Man, 18, Booked on Aggravated Battery Against Household Member

ADRIAN HERNANDEZ | 1 charge

136d ago
RYAN MCGARVIN mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 45, Booked on Armed Robbery, Conspiracy and Battery

RYAN MCGARVIN | 3 charges

258d 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.