2020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3 - Assault and Battery
Section 30-3-13 - Aggravated assault against a household member.

Universal Citation: NM Stat § 30-3-13 (2020)

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.

ANNOTATIONS

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.

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