New Mexico
New Mexico Assault and Battery Laws: Charges and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 2 primary sources cited on this page. How we verify our legal content
New Mexico treats assault and battery as two separate crimes. Under NMSA 30-3-1, assault is an attempted battery, an unlawful act, threat or menacing conduct that makes someone reasonably believe an immediate battery is coming, or insulting language impugning a person's honor, delicacy or reputation; under NMSA 30-3-4, battery is "the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner." Both are petty misdemeanors in their basic form, and each has an aggravated version (NMSA 30-3-2 and 30-3-5) plus separate ladders for peace officers, school employees, health care workers, sports officials and household members. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers New Mexico's assault and battery statutes in NMSA Chapter 30, Article 3 (30-3-1 to 30-3-17), the peace officer statutes (NMSA 30-22-21 to 30-22-25), the Criminal Code definitions in NMSA 30-1-12, the sentencing sections NMSA 31-18-15, 31-18-15.1, 31-18-16, 31-18-17, 31-18B-3 and 31-19-1, and the civil filing periods in NMSA 37-1-8, 37-1-10 and 37-1-30. It does not cover self-defense and justification (see New Mexico self-defense laws), protective orders (see New Mexico restraining order laws), sexual offenses, federal assault crimes (see the hub), tribal law or city ordinances.
Assault vs. battery in New Mexico
New Mexico keeps the older split between the two crimes. NMSA 30-3-1 defines assault:
"Assault consists of either: A. an attempt to commit a battery upon the person of another; B. any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or C. the use of insulting language toward another impugning his honor, delicacy or reputation. Whoever commits assault is guilty of a petty misdemeanor."
NMSA 30-3-4 defines battery:
"Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. Whoever commits battery is guilty of a petty misdemeanor."
Assault, in other words, needs no contact: an attempt, a threat that causes a reasonable belief of an immediate battery, or insulting language of the kind described in subsection C is enough. Battery requires an actual touching or application of force, done in a rude, insolent or angry manner.
Is assault a felony in New Mexico?
Simple assault and simple battery between private persons are petty misdemeanors. The lowest felony grade in this family is a fourth degree felony, which covers:
- Aggravated assault under NMSA 30-3-2: "unlawfully assaulting or striking at another with a deadly weapon"; threatening or menacing while wearing "a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner, so as to conceal identity"; or willfully and intentionally assaulting another "with intent to commit any felony."
- Battery on a school employee, health care worker or peace officer in the lawful discharge of duties (NMSA 30-3-9(E), 30-3-9.2(E), 30-22-24).
- Aggravated assault against a household member (NMSA 30-3-13) and a third qualifying household-member battery (NMSA 30-3-17).
Assault with intent to commit a violent felony under NMSA 30-3-3, which is assaulting another "with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery or burglary," is a third degree felony. Aggravated battery becomes a third degree felony under NMSA 30-3-5(C) when it inflicts great bodily harm, is committed "with a deadly weapon," or is committed "in any manner whereby great bodily harm or death can be inflicted."
New Mexico assault and battery offenses and penalties
| Offense | Statute | What it covers | Class | Statutory penalty |
|---|---|---|---|---|
| Assault | NMSA 30-3-1 | Attempted battery; an unlawful act, threat or menacing conduct causing a reasonable belief of an immediate battery; or insulting language impugning honor, delicacy or reputation | Petty misdemeanor | Up to 6 months in county jail, a fine up to $500, or both |
| Battery | NMSA 30-3-4 | Unlawful, intentional touching or application of force, done in a rude, insolent or angry manner | Petty misdemeanor | Up to 6 months in county jail, a fine up to $500, or both |
| Aggravated assault | NMSA 30-3-2 | Assaulting or striking at another with a deadly weapon; threatening or menacing while masked or disguised to conceal identity; or assaulting with intent to commit any felony | Fourth degree felony | Basic sentence of 18 months; fine up to $5,000 |
| Assault with intent to commit a violent felony | NMSA 30-3-3 | Assaulting another with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery or burglary | Third degree felony | Basic sentence of 3 years; fine up to $5,000 |
| Aggravated battery (temporary injury) | NMSA 30-3-5(A)-(B) | Touching or force with intent to injure, causing an injury not likely to cause death or great bodily harm but causing painful temporary disfigurement or temporary loss or impairment of a member or organ | Misdemeanor | Jail for a definite term less than one year, a fine up to $1,000, or both |
| Aggravated battery (great bodily harm or deadly weapon) | NMSA 30-3-5(A), (C) | Touching or force with intent to injure, inflicting great bodily harm, with a deadly weapon, or in any manner whereby great bodily harm or death can be inflicted | Third degree felony | Basic sentence of 3 years; fine up to $5,000 |
| Injury to a pregnant woman | NMSA 30-3-7 | A person other than the woman injuring a pregnant woman in the commission of a felony, causing a miscarriage or stillbirth as a result of that injury | Third degree felony | Basic sentence of 3 years; fine up to $5,000 |
| Assault on a peace officer | NMSA 30-22-21 | Attempted battery, or an unlawful act, threat or menacing conduct causing a peace officer in the lawful discharge of duties to reasonably believe an immediate battery is coming | Misdemeanor | Jail for a definite term less than one year, a fine up to $1,000, or both |
| Aggravated assault on a peace officer | NMSA 30-22-22 | Deadly weapon; masked or disguised threat; or assault with intent to commit any felony, against a peace officer in the lawful discharge of duties | Third degree felony | Basic sentence of 3 years; fine up to $5,000 |
| Assault with intent to commit a violent felony on a peace officer | NMSA 30-22-23 | Assaulting a peace officer in the lawful discharge of duties with intent to kill the officer | Second degree felony | Basic sentence of 9 years; fine up to $10,000 |
| Battery on a peace officer | NMSA 30-22-24 | Unlawful, intentional touching or application of force to a peace officer in the lawful discharge of duties, in a rude, insolent or angry manner | Fourth degree felony | Basic sentence of 18 months; fine up to $5,000 |
| Aggravated battery on a peace officer (temporary injury) | NMSA 30-22-25(B) | Intent to injure, causing painful temporary disfigurement or temporary loss or impairment of a member or organ | Fourth degree felony | Basic sentence of 18 months; fine up to $5,000 |
| Aggravated battery on a peace officer (great bodily harm or deadly weapon) | NMSA 30-22-25(C) | Inflicting great bodily harm, with a deadly weapon, or in any manner whereby great bodily harm or death can be inflicted | Second degree felony (since July 1, 2026) | Basic sentence of 9 years; fine up to $10,000 |
| Assisting in a battery on a peace officer | NMSA 30-22-26 | Assisting, or being assisted by, one or more other persons to commit a battery on a peace officer in the lawful discharge of duties | Fourth degree felony | Basic sentence of 18 months; fine up to $5,000 |
| Disarming a peace officer | NMSA 30-22-27 | Knowingly removing a firearm or weapon from, or depriving of its use, a peace officer acting within the scope of duties (not when the officer is engaged in criminal conduct) | Third degree felony | Basic sentence of 3 years; fine up to $5,000 |
| Assault against a household member | NMSA 30-3-12 | Attempted battery, or an unlawful act, threat or menacing conduct causing a household member to reasonably believe an immediate battery is coming | Petty misdemeanor | Up to 6 months in county jail, a fine up to $500, or both |
| Battery against a household member | NMSA 30-3-15 | Unlawful, intentional touching or application of force to a household member, in a rude, insolent or angry manner | Misdemeanor | Jail for a definite term less than one year, a fine up to $1,000, or both; mandatory treatment or intervention program; probation up to 2 years |
| Aggravated assault against a household member | NMSA 30-3-13 | Assaulting or striking at a household member with a deadly weapon, or assaulting with intent to commit any felony | Fourth degree felony | Basic sentence of 18 months; fine up to $5,000 |
| Assault against a household member with intent to commit a violent felony | NMSA 30-3-14 | Assault 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 | Third degree felony | Basic sentence of 3 years; fine up to $5,000 |
| Aggravated battery against a household member (temporary injury) | NMSA 30-3-16(B) | Intent to injure, causing painful temporary disfigurement or temporary loss or impairment of a member or organ | Misdemeanor | Jail for a definite term less than one year, a fine up to $1,000, or both; mandatory treatment or intervention program; probation up to 2 years |
| Aggravated battery against a household member (great bodily harm, deadly weapon, strangulation or suffocation) | NMSA 30-3-16(C) | Inflicting great bodily harm; with a deadly weapon; by strangulation or suffocation; or in any manner whereby great bodily harm or death can be inflicted | Third degree felony | Basic sentence of 3 years; fine up to $5,000 |
| Multiple household-member batteries | NMSA 30-3-17 | Three (or four or more) offenses under 30-3-15 or 30-3-16(B) against a spouse, former spouse, co-parent or person in a continuing personal relationship, each committed after conviction for the preceding offense | Fourth degree felony (three); third degree felony (four or more) | Basic sentence of 18 months (fourth degree) or 3 years (third degree); fine up to $5,000 |
The school employee, health care worker and sports official ladders are set out in their own section below. Article 3 also contains shooting at a dwelling or occupied building or at or from a motor vehicle (NMSA 30-3-8, a fourth, third or second degree felony depending on the injury) and threatening a judge or a judge's immediate family member (NMSA 30-3-19, a fourth degree felony).
Where the numbers come from. NMSA 31-19-1(B) sets the petty misdemeanor penalty at county jail "for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both," and NMSA 31-19-1(A) sets the misdemeanor penalty at county jail "for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both." For felonies, NMSA 31-18-15(A) lists a "basic sentence" of eighteen months for a fourth degree felony, three years for a third degree felony and nine years for a second degree felony, and 31-18-15(E) lets the court add a fine of up to $5,000 for a third or fourth degree felony and up to $10,000 for a second degree felony. A basic sentence is the term the statute assigns to the degree; these are statutory figures, not a prediction of the sentence in any case.
These are the basic sentences for the offense itself. Under NMSA 31-18-15.1, a judge may raise or lower a basic sentence by no more than one-third on findings of aggravating or mitigating circumstances; NMSA 31-18-16 adds one to five years when a firearm is used, brandished or discharged as that section describes; NMSA 31-18B-3 allows one more year (two with a prior hate-crime finding) when a jury or court finds the felony was motivated by hate; and NMSA 31-18-17 adds one, four or eight years for one, two or three or more prior felony convictions, described below.
Firearm and repeat-offender additions. Under NMSA 31-18-16, when a separate finding shows a firearm was brandished in the commission of a noncapital felony, the basic sentence "shall be increased by three years," and five years when it was discharged; a one-year increase applies when a firearm was used in a serious violent offense, aggravated burglary or a drug transaction (youthful offenders are treated differently). Under NMSA 31-18-17, a person convicted of a noncapital felony with one prior felony conviction from a separate transaction is a habitual offender whose basic sentence is increased by one year (which may be suspended or deferred only on specific findings that both felonies are nonviolent), and by four years with two such priors or eight years with three or more, which "shall not be suspended or deferred." A prior felony counts only when less than ten years have passed since the person completed the sentence, probation or parole for it, whichever is later, and a felony DWI conviction under NMSA 66-8-102 is excluded for a New Mexico prior.
Definitions that decide the grade
NMSA 30-1-12 supplies definitions "as used in the Criminal Code":
- Great bodily harm: "an injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body."
- Deadly weapon: "any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm," including the long list of examples in the statute, such as daggers, brass knuckles, switchblade knives, bowie knives and butcher knives, "or any other weapons with which dangerous wounds can be inflicted."
- Peace officer: "any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes."
The two tiers of aggravated battery turn on the injury. Under NMSA 30-3-5(B), an injury "which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body" is a misdemeanor; great bodily harm, a deadly weapon, or a manner "whereby great bodily harm or death can be inflicted" makes it a third degree felony under 30-3-5(C).
Assaulting a police officer, teacher, nurse or sports official
New Mexico's code includes separate assault and battery statutes for the following victims, each applying only while the victim is "in the lawful discharge of" his or her duties.
Peace officers (NMSA 30-22-21 to 30-22-25). Assault is a misdemeanor; aggravated assault (deadly weapon, masked or disguised threat, or intent to commit any felony) is a third degree felony; assault with intent to kill is a second degree felony; battery is a fourth degree felony; and aggravated battery is a fourth degree felony for painful temporary injury and a second degree felony under 30-22-25(C) for great bodily harm, a deadly weapon or a manner whereby great bodily harm or death can be inflicted. Assisting, or being assisted by, others in a battery on a peace officer is a fourth degree felony (NMSA 30-22-26), and knowingly disarming a peace officer acting within the scope of duties is a third degree felony (NMSA 30-22-27).
School employees (NMSA 30-3-9). A "school employee" "includes a member of a local public school board and public school administrators, teachers and other employees of that board." Assault is a misdemeanor; aggravated assault (deadly weapon, masked or disguised threat, or intent to commit any felony) is a third degree felony; assault with intent to kill is a second degree felony; battery is a fourth degree felony; aggravated battery is a fourth degree felony for painful temporary injury and a third degree felony for great bodily harm or a deadly weapon; and "every person who assists or is assisted by one or more other persons to commit a battery upon any school employee" in the lawful discharge of duties is guilty of a fourth degree felony.
Health care workers (NMSA 30-3-9.2). A "health care worker" is "an employee of a health facility or a licensed emergency medical technician." A health facility is a public or private hospital, outpatient facility, diagnostic and treatment center, rehabilitation center or infirmary, plus certain facilities licensed for federal funding, but "does not include a skilled nursing facility, a nursing facility or other long-term residential care facility." The ladder matches the school employee ladder, with one wording difference: aggravated assault covers assaulting or striking at a health care worker "with a weapon," or assaulting with intent to commit any felony. Assisting or being assisted by others in a battery on a health care worker is also a fourth degree felony.
Sports officials (NMSA 30-3-9.1). A "sports official" is a person who "serves as a referee, umpire linesman, timer or scorer, or who serves in a similar capacity, while working, supervising or administering a sports event" and "is registered as a member of a local, state, regional or national organization that is engaged in providing education and training to sports officials." Assault and battery on a sports official are misdemeanors; aggravated assault with a deadly weapon is a third degree felony; and aggravated battery is a fourth degree felony for painful temporary injury and a third degree felony for great bodily harm or a deadly weapon.
Domestic assault and battery in New Mexico
The Crimes Against Household Members Act (NMSA 30-3-11 to 30-3-17) has its own offenses. A "household member" means "a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship," and "cohabitation is not necessary." A continuing personal relationship "means a dating or intimate relationship" (NMSA 30-3-11).
- Strangulation and suffocation. NMSA 30-3-11 defines strangulation as "the unlawful touching or application of force to another person's neck or throat with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation," and defines suffocation the same way for force that "blocks the nose or mouth." Aggravated battery against a household member by strangulation or suffocation is a third degree felony under 30-3-16(C)(3).
- Treatment program and probation. A conviction under 30-3-15, or under the misdemeanor tier of 30-3-16(B), requires the offender "to participate in and complete a domestic violence offender treatment or intervention program" approved by the children, youth and families department. If the sentence is suspended or deferred, probation "may extend beyond three hundred sixty-four days but may not exceed two years," and total incarceration "shall not exceed three hundred sixty-four days."
- Repeat batteries. Under NMSA 30-3-17, three offenses under 30-3-15 or 30-3-16(B), or any combination, against a spouse, former spouse, co-parent of a child or a person with whom the offender has had a continuing personal relationship are a fourth degree felony, and four or more are a third degree felony. "Each offense must have been committed after conviction for the preceding offense."
Under federal law, 18 U.S.C. 922(g)(9) bars a person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition; see the assault and battery laws hub for the federal rules. Protective orders are covered on our New Mexico restraining order laws page.
Recent changes
House Bill 61 (2026), listed in the statute's history as Laws 2026, chapter 15, amended NMSA 30-22-25(C) so that aggravated battery on a peace officer "inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a second degree felony." Section 2 of the act provides: "The effective date of the provisions of this act is July 1, 2026."
The statutory history notes of the other sections discussed here list no 2025 or 2026 amendment; the household member definitions and aggravated battery sections (30-3-11 and 30-3-16) were last amended by Laws 2018, chapter 30.
Civil lawsuits for assault and battery
A criminal prosecution and a civil lawsuit for assault or battery are separate proceedings, and a civil claim has its own filing deadline. NMSA 37-1-8 generally requires an action "for an injury to the person or reputation of any person" to be brought "within three years." NMSA 37-1-10 gives a minor or incapacitated person one year after the incapacity ends, and NMSA 37-1-30 sets a separate, longer deadline for injury caused by childhood sexual abuse. The filing periods for civil claims are collected in our guide to the New Mexico statute of limitations.
Related legal issues
Self-defense and defense of others are justifications with their own rules; see New Mexico self-defense laws rather than this page. For orders of protection, see New Mexico restraining order laws. For sealing or expunging a past record, see New Mexico expungement laws.
Related pages
- Assault and battery laws by state
- New Mexico self-defense laws
- New Mexico restraining order laws
- New Mexico expungement laws
- New Mexico statute of limitations
- Arizona assault and battery laws
- Colorado assault and battery laws
This article provides general legal information about New Mexico assault and battery statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Mexico.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in New Mexico?
New Mexico defines them separately. Assault under NMSA 30-3-1 is an attempted battery, an unlawful act, threat or menacing conduct that makes someone reasonably believe an immediate battery is coming, or insulting language impugning a person's honor, delicacy or reputation; battery under NMSA 30-3-4 is an unlawful, intentional touching or application of force done in a rude, insolent or angry manner.
Is assault a felony in New Mexico?
Simple assault is a petty misdemeanor (NMSA 30-3-1). Aggravated assault, which covers assaulting or striking at someone with a deadly weapon, threatening while masked or disguised to conceal identity, or assaulting with intent to commit any felony, is a fourth degree felony (NMSA 30-3-2), and assault with intent to kill or commit murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery or burglary is a third degree felony (NMSA 30-3-3).
What is the penalty for battery in New Mexico?
Simple battery is a petty misdemeanor punishable by up to 6 months in county jail, a fine up to $500, or both (NMSA 30-3-4; 31-19-1(B)). Aggravated battery is a misdemeanor or a third degree felony depending on the injury and the means (NMSA 30-3-5).
What happens if you assault a police officer in New Mexico?
Assault on a peace officer in the lawful discharge of duties is a misdemeanor, aggravated assault on a peace officer is a third degree felony, and assault with intent to kill a peace officer is a second degree felony (NMSA 30-22-21 to 30-22-23). Battery on a peace officer is a fourth degree felony, and aggravated battery on a peace officer is a fourth or second degree felony depending on the injury and the means (NMSA 30-22-24, 30-22-25). Knowingly disarming a peace officer acting within the scope of duties is a third degree felony (NMSA 30-22-27).
Is it a felony to hit a nurse or teacher in New Mexico?
Battery on a health care worker or a school employee in the lawful discharge of duties is a fourth degree felony (NMSA 30-3-9.2(E); 30-3-9(E)). A health care worker is an employee of a health facility or a licensed emergency medical technician, and a health facility does not include a skilled nursing facility, a nursing facility or other long-term residential care facility.
What happens if you hit a referee in New Mexico?
Battery on a registered sports official in the lawful discharge of duties is a misdemeanor, and aggravated assault with a deadly weapon is a third degree felony. Aggravated battery is a fourth degree felony for painful temporary injury and a third degree felony for great bodily harm or a deadly weapon (NMSA 30-3-9.1).
Is domestic battery a felony in New Mexico?
Battery against a household member is a misdemeanor (NMSA 30-3-15), but aggravated battery against a household member by great bodily harm, a deadly weapon, strangulation or suffocation, or in any manner whereby great bodily harm or death can be inflicted is a third degree felony (NMSA 30-3-16(C)). Three qualifying household-member batteries against a spouse, former spouse, co-parent or dating partner, each committed after conviction for the one before, are a fourth degree felony, and four or more are a third degree felony (NMSA 30-3-17).
Can insulting words be assault in New Mexico?
Yes. NMSA 30-3-1(C) includes "the use of insulting language toward another impugning his honor, delicacy or reputation" in the definition of assault, a petty misdemeanor.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 30
§ 30-3-1AssaultIn force
Assault consists of either: A. an attempt to commit a battery upon the person of another; B. any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or C. the use of insulting language toward another impugning his honor, delicacy or reputation. Whoever commits assault is guilty of a petty misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 30-3-4BatteryIn force
Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. Whoever commits battery is guilty of a petty misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 30-3-5Aggravated batteryIn force
A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another. B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but 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. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 30-22-25Aggravated battery upon a peace officerIn force
A. Aggravated battery upon a peace officer consists of the unlawful touching or application of force to the person of a peace officer with intent to injure that peace officer while the officer is in the lawful discharge of the officer's duties. B. Whoever commits aggravated battery upon a peace officer, inflicting an injury to the peace officer that is not likely to cause death or great bodily harm, but 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 fourth degree felony. C. Whoever commits aggravated battery upon a peace officer inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a second degree felony.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 30-3-15Battery against a household memberIn force
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. Whoever commits battery against a household member is guilty of a misdemeanor. C. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs. D. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but may not exceed two years.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 30-3-16Aggravated battery against a household memberIn force
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 is guilty of a misdemeanor if the aggravated battery against a household member is committed 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. C. Whoever commits aggravated battery against a household member is guilty of a third degree felony if the aggravated battery against a household member is committed: (1) by inflicting great bodily harm; (2) with a deadly weapon; (3) by strangulation or suffocation; or (4) in any manner whereby great bodily harm or death can be inflicted. D.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
New Mexico Statutes Annotated 1978, Chapter 31
§ 31-18-15Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions.In forcecited in 16 of our articles
A. As used in a statute that establishes a noncapital felony, the following defined felony classifications and associated basic sentences of imprisonment are as follows: FELONY CLASSIFICATION BASIC SENTENCE first degree felony resulting in the death of a child life imprisonment first degree felony for aggravated criminal sexual penetration life imprisonment first degree felony eighteen years imprisonment second degree felony resulting in the death of a human being eighteen years imprisonment second degree felony for a sexual offense against a child fifteen years imprisonment second degree felony for sexual exploitation of children twelve years imprisonment second degree felony nine years imprisonment third degree felony resulting in the death of a human being six years imprisonment third degree felony for a sexual offense against a child six years imprisonment third degree felony for sexual exploitation of children eleven…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 242 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Montoya (New Mexico Court of Appeals 2015, 7 N.M. 445)“…e death of the child is guilty of a first degree felony.”); NMSA 1978, § 31-18-15(A)(3) (2003) (stating that the basic se…”
- State v. Smith (New Mexico Supreme Court 2004, 136 N.M. 372)“…ffender is guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978, and shall be sentenced to a jail term…”
- State v. Frawley (New Mexico Supreme Court 2007, 143 N.M. 7)“…e for a third-degree felony is three years of imprisonment, NMSA 1978, § 31-18-15(A)(5) (1999, prior to amendments throug…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Hit and Run Laws: Statutes, Penalties, and Legal Duties, New Mexico Recording Laws (2026): One-Party Consent Rules, How Many Years for Second Degree Murder? Sentences by State (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- NMSA Chapter 30 (official compilation PDF), section 30-3-1, Assault(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), section 30-3-4, Battery(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), section 30-3-2, Aggravated assault(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), section 30-3-5, Aggravated battery(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), sections 30-3-9, 30-3-9.1 and 30-3-9.2, Assault; battery; school personnel, sports officials and health care personnel(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), sections 30-22-21 to 30-22-25, Assault and battery upon peace officers(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), sections 30-3-11 to 30-3-17, Crimes Against Household Members Act(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), section 30-3-7, Injury to pregnant woman(www.nmonesource.com)
- NMSA Chapter 31 (official compilation PDF), section 31-19-1, Sentencing authority; misdemeanors(www.nmonesource.com)
- NMSA Chapter 31 (official compilation PDF), section 31-18-15, Sentencing authority; noncapital felonies; basic sentences and fines(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), section 30-1-12, Definitions(www.nmonesource.com)
- 18 U.S.C. 922, Unlawful acts (firearms)(www.govinfo.gov).gov
- House Bill 61 (2026), aggravated battery upon a peace officer, final text(www.nmlegis.gov).gov
- NMSA Chapter 30 (official compilation PDF), section 30-3-3, Assault with intent to commit a violent felony(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), sections 30-22-26 and 30-22-27, Assisting in assault upon peace officer; disarming a peace officer(www.nmonesource.com)
- NMSA Chapter 30 (official compilation PDF), sections 30-3-8 and 30-3-19, Shooting at dwelling or vehicle; threatening a judge(www.nmonesource.com)
- NMSA Chapter 31 (official compilation PDF), section 31-18-15.1, Alteration of basic sentence; mitigating or aggravating circumstances(www.nmonesource.com)
- NMSA Chapter 31 (official compilation PDF), section 31-18-16, Use, brandishing or discharge of firearm(www.nmonesource.com)
- NMSA Chapter 31 (official compilation PDF), section 31-18-17, Habitual offenders; alteration of basic sentence(www.nmonesource.com)
- NMSA Chapter 31 (official compilation PDF), section 31-18B-3, Hate crimes; alteration of basic sentence(www.nmonesource.com)
- NMSA Chapter 37 (official compilation PDF), sections 37-1-8, 37-1-10 and 37-1-30, Limitation of actions for personal injury, minors and childhood sexual abuse(www.nmonesource.com)
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