N.M. Stat. » N.M. Stat. / Chapter 30 / Article 3
New Mexico Statutes

N.M. Stat. § 30-3-13 (2026)

Aggravated assault against a household member.

✓ current as of May 2026
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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.
Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1999–2025 · leading case: State v. Romero, 156 P.3d 694 (N.M. 2007).
Sort: Relevance Newest Treatment
State v. Romero, 156 P.3d 694 (N.M. 2007). · cites it 4× “{1} The State appeals from an opinion by the Court of Appeals remanding a judgment and sentence following Defendant's convictions of aggravated battery against a household member, contrary to NMSA 1978, § 30-3-16(C) (1995); aggravated assault against a household member with a…”
State v. Stein, 981 P.2d 295 (N.M. Ct. App. 1999). · cites it 4× “The statute created the offenses of assault against a household member, Section 30-3-12; aggravated assault against a household member, Section 30-3-13; assault against a household member with intent to commit a violent felony, Section 30-3-14; battery against a household…”
State v. Branch, 241 P.3d 602 (N.M. 2010). · cites it 2× “He was also charged with attempted first-degree murder, contrary to NMSA 1978, Section 30-28-1 (1963) and Section 30-2-1A, or in the alternative, aggravated battery against a household member with a deadly weapon, contrary to NMSA 1978, Section 30-3-16(C) (1995); aggravated…”
State v. Quintana, 218 P.3d 87 (N.M. Ct. App. 2009). · cites it 4× “{1} Theresa Quintana (Defendant) stood trial in February 2007 for violating NMSA 1978, Section 30-3-13(A)(l) (1995) (aggravated assault against a household member) and NMSA 1978, Section 30-15-1 (1963) (criminal damage to property).”
State v. Jensen, 2005 NMCA 113 (N.M. Ct. App. 2005). · cites it 2× “Defendant also states that other household member statutes, NMSA 1978, § 30-3-12 (1995) (assault against a household member), and NMSA 1978, § 30-3-13 (1995) (aggravated assault against a household member), mirror the general assault statutes, except for their requirement that…”
State v. Zachariah G., 2022 NMSC 003 (N.M. 2021). · cites it 2× “, NMSA 1978, § 30-3-1 (1963) (providing that assault is a petty misdemeanor), with NMSA 1978, § 30-3-2 (1963) (providing that assault committed with a deadly weapon is a fourth-degree felony); Compare § 30-3- 9(B) (providing that “assault upon a school employee” is a…”
State v. Hinahara, 166 P.3d 1129 (N.M. Ct. App. 2007). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND {2} Defendant was charged with multiple counts of sexual exploitation of a minor, contrary to NMSA 1978, § 30-6A-3(A) (2001), and with aggravated assault against a household member, contrary to NMSA 1978, § 30-3-13 (1995). The sexual…”
State v. Zachariah G., 2021 NMCA 036 (N.M. Ct. App. 2019). · cites it 2× “The only New Mexico authorities on the topic are this Court’s 1978 opinion in Trujillo and 1979 opinion in Chouinard, both of which relied on the Supreme 3Charges in such cases include aggravated assault with a deadly weapon, § 30-3-2(A); UJI 14-304 NMRA; UJI 14-305 NMRA,…”
State v. Cooper, 993 P.2d 745 (N.M. Ct. App. 1999). · cites it 2× “Defendant stated that, “when you kick a door, to me that’s trying to get through the door.”
State v. Baxendale, 2016 NMCA 048 (N.M. Ct. App. 2016). · cites it 2× “{1} Defendant Christopher Baxendale appeals from his convictions for aggravated assault against a household member with a deadly weapon, contrary to NMSA 1978, § 30-3-13 (1995), and aggravated assault with a deadly weapon, contrary to NMSA 1978, § 30-3-2(A) (1963).”
State v. Stevens, 2022 NMCA 017 (N.M. Ct. App. 2021). · cites it 2× “Defendant Matthew Robert Stevens was charged in the Second Judicial District Court with aggravated assault against a household member (deadly weapon), pursuant to NMSA 1978, Section 30-3-13(A)(1) (1995); false imprisonment, pursuant to NMSA 1978, Section 30-4-3 (1963); and…”
United States v. Hammons, 286 F. Supp. 3d 1270 (D.N.M. 2017). · cites it 9× “2d 569 (2015) (" Johnson II "), New Mexico aggravated assault against a household member with a deadly weapon, defined by N.M. Stat. Ann. § 30-3-13 , is an Armed Career Criminal Act, 18 U.”
Show all 26 citing cases →
— N.M. Stat. § 30-3-13(A) — 2 cases
State v. Vargas (N.M. Ct. App. 2018).
State v. Flores (N.M. Ct. App. 2011).
— N.M. Stat. § 30-3-13(A)(1) — 11 cases
State v. Romero, 156 P.3d 694 (N.M. 2007). “{1} The State appeals from an opinion by the Court of Appeals remanding a judgment and sentence following Defendant's convictions of aggravated battery against a household member, contrary to NMSA 1978, § 30-3-16(C) (1995); aggravated assault against a household member with a…”
State v. Zachariah G., 2021 NMCA 036 (N.M. Ct. App. 2019). “The only New Mexico authorities on the topic are this Court’s 1978 opinion in Trujillo and 1979 opinion in Chouinard, both of which relied on the Supreme 3Charges in such cases include aggravated assault with a deadly weapon, § 30-3-2(A); UJI 14-304 NMRA; UJI 14-305 NMRA,…”
State v. Stevens, 2022 NMCA 017 (N.M. Ct. App. 2021). “Defendant Matthew Robert Stevens was charged in the Second Judicial District Court with aggravated assault against a household member (deadly weapon), pursuant to NMSA 1978, Section 30-3-13(A)(1) (1995); false imprisonment, pursuant to NMSA 1978, Section 30-4-3 (1963); and…”
State v. Candelaria (N.M. Ct. App. 2025).
State v. Hernandez (N.M. Ct. App. 2018).
— N.M. Stat. § 30-3-13(A)(2) — 1 case
State v. Branch, 241 P.3d 602 (N.M. 2010). “He was also charged with attempted first-degree murder, contrary to NMSA 1978, Section 30-28-1 (1963) and Section 30-2-1A, or in the alternative, aggravated battery against a household member with a deadly weapon, contrary to NMSA 1978, Section 30-3-16(C) (1995); aggravated…”
— N.M. Stat. § 30-3-13(A)(l) — 2 cases
State v. Romero, 156 P.3d 694 (N.M. 2007). “{1} The State appeals from an opinion by the Court of Appeals remanding a judgment and sentence following Defendant's convictions of aggravated battery against a household member, contrary to NMSA 1978, § 30-3-16(C) (1995); aggravated assault against a household member with a…”
State v. Quintana, 218 P.3d 87 (N.M. Ct. App. 2009). “{1} Theresa Quintana (Defendant) stood trial in February 2007 for violating NMSA 1978, Section 30-3-13(A)(l) (1995) (aggravated assault against a household member) and NMSA 1978, Section 30-15-1 (1963) (criminal damage to property).”
— N.M. Stat. § 30-3-13(B) — 1 case
State v. Zachariah G., 2022 NMSC 003 (N.M. 2021). “, NMSA 1978, § 30-3-1 (1963) (providing that assault is a petty misdemeanor), with NMSA 1978, § 30-3-2 (1963) (providing that assault committed with a deadly weapon is a fourth-degree felony); Compare § 30-3- 9(B) (providing that “assault upon a school employee” is a…”
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