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.
History: Laws 1995, ch. 221, § 4.
Effective dates. — Laws 1995, ch. 221, § 8 made the Crimes Against Household Members Act effective on July 1, 1995.
Sufficient evidence. — Where defendant pointed a gun at the victim and told the victim that defendant was going to shoot the victim; the victim believed defendant was going to shoot the victim; the victim grabbed the gun away and threw the gun into a field; the police found the gun in the field; the gun was a Raven brand gun; the police found a Raven brand firearms box in defendant's home; and defendant and the victim had ended their relationship a week before, the evidence was sufficient to convict defendant of aggravated assault against a household member. State v. Quintana, 2009-NMCA-115, 147 N.M. 169, 218 P.3d 87.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3 - Assault and Battery
Section 30-3-2 - Aggravated assault.
Section 30-3-3 - Assault with intent to commit a violent felony.
Section 30-3-5 - Aggravated battery.
Section 30-3-7 - Injury to pregnant woman.
Section 30-3-8 - Shooting at dwelling or occupied building; shooting at or from a motor vehicle.
Section 30-3-8.1 - Seizure and forfeiture of motor vehicle; procedure.
Section 30-3-8.2 - Court record of conviction; revocation of driver's license.
Section 30-3-9 - Assault; battery; school personnel.
Section 30-3-9.1 - Assault; battery; sports officials.
Section 30-3-9.2 - Assault; battery; health care personnel.
Section 30-3-10 - Short title.
Section 30-3-11 - Definitions.
Section 30-3-12 - Assault against a household member.
Section 30-3-13 - Aggravated assault against a household member.
Section 30-3-14 - Assault against a household member with intent to commit a violent felony.
Section 30-3-15 - Battery against a household member.
Section 30-3-16 - Aggravated battery against a household member.
Section 30-3-17 - Multiple convictions of battery or aggravated battery.