Assault
Legal Definition
A person commits assault by attempting to commit a battery upon another or by any unlawful act, threat, or menacing conduct that causes another person to reasonably believe they are in danger of receiving an immediate battery. No physical contact is required; the offense is complete when the victim is placed in reasonable apprehension of imminent harmful or offensive contact. Assault is distinct from battery, which requires actual physical contact.
Possible Punishment
Up to 6 months in county jail and a fine up to $500. Assault is the least serious criminal offense under New Mexico law and is typically prosecuted in magistrate or metropolitan court.
Local Context
Assault is often charged alongside battery (§ 30-3-4 NMSA) when an attempt to strike escalates to actual contact. Aggravated assault (§ 30-3-2 NMSA), a Fourth Degree Felony, involves the use of a deadly weapon or intent to commit a felony. Simple assault under § 30-3-1 does not require proof of injury or weapon use.
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 (15)

Las Cruces Man, 21, Booked on Assault and Battery Charges at W. Amador
ELYSIAN WAGONER | 2 charges

Las Cruces Man, 47, Booked on Assault and Battery Charges at North Main Street
ELEE SILVA | 3 charges

Las Cruces Man, 48, Booked on Assault and Battery Charges at North Main Street
JAMES SPANGELER | 2 charges

Las Cruces Man, 44, Charged with Aggravated Assault
JERRY FERNANDEZ | 2 charges

Anthony Woman, 23, Charged with Assault
ROSARIO ORTEGA | 3 charges

Las Cruces Man, 65, Charged with Criminal Trespass
RAIMUND RAEL | 6 charges

Las Cruces Man, 26, Charged with Criminal Trespass
HECTOR LIZARRAGA | 7 charges

Las Cruces Woman, 19, Charged with Assault
LEIA ELWESS | 1 charge

Las Cruces Man, 56, Charged with Assault Against a Household Member
JESSIE GARCIA-DE LA O | 3 charges

Las Cruces Man, 38, Charged with Assault
JONES PHILLIP | 6 charges

Las Cruces Man, 35, Charged with Probation Violation
MATTHEW SIERRAS | 3 charges

Las Cruces Man, 38, Charged with Assault
PHILLIP JONES | 2 charges

Las Cruces Man, 44, Faces Felony Assault Charge After Hadley Arrest
RANDY DALE | 6 charges

Las Cruces Woman, 35, Booked on Felony Shoplifting and Retail Theft Charges
FELICIA PETERS | 3 charges

Las Cruces Man, 36, Booked on Three Counts of Battery on a Peace Officer
KARLO HAMILTON | 9 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.