Assault Against A Household Member
Legal Definition
A person commits assault against a household member when they commit an assault, as defined in § 30-3-1 NMSA, against a member of their household. The offense involves an unlawful attempt or threat to apply force to another household member, coupled with apparent present ability to do so, which creates a well-founded fear of immediate bodily harm. This is a petty misdemeanor punishable by up to 6 months imprisonment and a fine of up to $500.
Possible Punishment
Assault against a household member is a petty misdemeanor punishable by up to 6 months imprisonment and a fine of up to $500.
Local Context
A 'household member' is defined in § 40-13-2 NMSA and includes spouses, former spouses, parents, present or former stepparents, present or former in-laws, persons who share a child in common, persons in a continuing personal relationship, or co-parents. The offense escalates to battery against a household member under § 30-3-16 NMSA when unlawful force is actually applied. Subsequent convictions or aggravating circumstances may result in enhanced penalties under § 30-3-13 NMSA.
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 (30)
Las Cruces Man, 21, Booked on Stalking and Household Assault Charges
KOREE KEESLING | 3 charges
Sunland Park Man, 29, Booked on Kidnapping and Aggravated Battery Charges
CARLOS SALAS | 9 charges
Las Cruces Man, 41, Booked on Domestic Violence and Order Violation Charges
LUIS CAMACHO | 2 charges
Las Cruces Man, 41, Faces Felony Charges Including False Imprisonment
ADAN QUINTERO | 6 charges
Las Cruces Man, 45, Booked on Household Member Assault and Property Damage Charges
RICHARD GONZALES | 2 charges
Las Cruces Man, 40, Booked on Aggravated Dwi and Household Assault Charges
ANTHONY HOLGUIN | 11 charges
Las Cruces Man, 27, Booked on Household Member Assault Charge
ZACHARY DAVIS | 1 charge
Las Cruces Man, 18, Booked on Household Assault and Battery Charges
RUSLAN AMADOR | 2 charges
Las Cruces Man, 39, Booked on Domestic Battery and Assault Charges
DANIEL MOCK | 2 charges
Las Cruces Man, 38, Booked on Charges of Aggravated Dwi and Domestic Assault
VICTOR CASTRUITA | 2 charges
Las Cruces Man, 41, Booked on Domestic Battery and Assault Charges
JACOB KEECH | 2 charges
Las Cruces Man, 50, Booked on Domestic Battery and Assault Charges
FREDDIE LAREDO | 2 charges
Sunland Park Man, 30, Booked on Felony Charge of Battery on a Peace Officer
CARLOS CASTANON | 4 charges
Las Cruces Man, 23, Booked on Suspicion of Household Member Assault
CHRISTOPHER MCCLELLAND | 2 charges
Las Cruces Woman, 47, Booked on Household Member Assault Charge
VIVIANA DOMINGUEZ-SALAS | 1 charge
Las Cruces Woman, 31, Booked on Domestic Assault and Battery Charges
YADIRA GONZALES | 2 charges
Las Cruces Man, 40, Charged with Criminal Damage to Property, <$1000
PATRICK FLORES | 4 charges
Fairacres Man, 50, Booked on Battery and Domestic Assault Charges
JOSE ROMERO | 5 charges
Las Cruces Man, 44, Booked on Domestic Assault and Battery Charges
ROY RUIZ | 9 charges
Las Cruces Woman, 24, Booked on Household Member Assault Charge
BRIANNA BAUTISTA | 2 charges
Las Cruces Man, 37, Booked on Household Assault and Failure to Appear Charges
JESSE QUEVEDO | 12 charges
Las Cruces Man, 34, Booked on Domestic Battery and Assault Charges
JACOB PARRA | 3 charges
Las Cruces Woman, 25, Booked on Suspicion of Assault Against a Household Member
KIARA COOPER | 1 charge
Mesquite Man, 30, Booked on Petty Misdemeanor Household Assault Charge
GABRIEL TREVINO | 1 charge
Las Cruces Man, 21, Booked on Twin Misdemeanor Assault Charges
ROBERT MANZANARES | 3 charges
Las Cruces Man, 23, Charged with Assault Against a Household Member
GABRIEL OROS | 2 charges
Las Cruces Man, 42, Charged with Assault Against a Household Member
ANTONIO PEREZ | 1 charge
Las Cruces Man, 35, Charged with Battery Against a Household Member
ARTURO PADILLA | 7 charges
Las Cruces Man, 34, Charged with Assault Against a Household Member
HANSON DENNIS | 1 charge
Las Cruces Man, 56, Charged with Assault Against a Household Member
JESSIE GARCIA-DE LA O | 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.