Assault upon peace officer
Applied in 3 court decisions — leading case McGarry v. Bd. of Cnty. Commissioners for the Cnty. of Lincoln (2018)
Most recently applied in Torres v. Madrid (February 2023)
1953 Comp., § 40A-22-20, enacted by Laws 1971, ch. 265, § 1.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A. Assault upon a peace officer consists of:
(1) an attempt to commit a battery upon the person of a peace officer while he is in the lawful discharge of his duties; or
(2) any unlawful act, threat or menacing conduct which causes a peace officer while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery.
B. Whoever commits assault upon a peace officer is guilty of a misdemeanor.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.