New Mexico Domestic Violence Laws: Penalties and Defense

New Mexico's criminal code defines domestic violence as assault or battery against a "household member." A "household member" is a spouse, former spouse or family member, including a relative, parent, present or former step-parent, present or former in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship.  Cohabitation is not necessary to be considered a household member.

New Mexico Domestic Violence Laws

Assault Against a Household Member

A. An assault against a household member consists of:

(1) an attempt to commit a battery against a household member; or

(2) any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that he is in danger of receiving an immediate battery.

B. Whoever commits assault against a household member is guilty of a petty misdemeanor.

Aggravated Assault Against a Household Member

A. Aggravated assault against a household member consists of:

(1)  unlawfully assaulting or striking at a household member with a deadly weapon; or

(2)  willfully and intentionally assaulting a household member with intent to commit any felony.

B.  Whoever commits aggravated assault against a household member is guilty of a fourth degree felony.

Assault Against a Household Member with Intent to Commit a Violent Felony

A. Assault against a household member with intent to commit a violent felony consists of any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery, kidnapping, false imprisonment or burglary.

B. Whoever commits assault against a household member with intent to commit a violent felony is guilty of a third degree felony.

Battery Against a Household Member

A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.

B. Battery against a household member is a misdemeanor.

C. Aggravated battery against a household member that inflicts great bodily harm or is done with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.

Aggravated Battery Against a Household Member

A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.

B. Whoever commits aggravated battery against a household member by inflicting an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

C. Aggravated battery against a household member that inflicts great bodily harm or is done with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.

Penalties

• A petty misdemeanor carries a jail term of up to six months.
• A full misdemeanor carries a jail term of up to 364 days.
• Third degree felony carries a jail term of up to three years.
• Fourth degree felony carries a jail term of up to 18 months.
• Sentences can be suspended or deferred in whole or part, but probation will be extended.

In addition to the prescribed sentences, offenders are required to complete a domestic violence treatment program.

Find an Attorney

Domestic violence charges in New Mexico can incur either misdemeanor or felony penalties depending on the circumstances. Treatment in a court-appointed program is mandatory if you are convicted. Your best defense is if the victim suffered no bodily harm and if no weapon was used. Find an attorney who may be able to obtain a deferred or suspended sentence.