Simple Assaults
Legal Definition
A person commits assault when they attempt to commit a battery upon another or threaten or menace another by word or act in a manner that causes the other person to reasonably believe they are in danger of receiving an immediate battery. No physical contact is required; the offense is complete upon the attempt or threat that creates a reasonable apprehension of harm.
Possible Punishment
Up to 6 months in county jail and a fine up to $500. Simple assault is the least serious assault offense under New Mexico law.
Local Context
Simple assault is distinct from battery, which requires actual unlawful touching or application of force. If the assault is committed with a deadly weapon or results in bodily harm, it may be charged as aggravated assault under § 30-3-2 NMSA, which is a misdemeanor.
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.