The prosecutor also must prove the facts that make the assault aggravatedthat the defendant used a deadly weapon, inflicted serious injuries, committed the assault in furtherance of another serious crime, or targeted a protected class of victim. 626:2, 631:2-a.). 1985, 228:5. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first Crisis centers can provide individual support, support groups, assistance reporting abuse, help understanding options and the legal system, court and hospital accompaniment, housing assistance, and referrals for local services including mental health and substance abuse services. You already receive all suggested Justia Opinion Summary Newsletters. Timothy Sullivan, Senior Assistant Attorney General Jan. 1, 1994. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death. The verdict came following a 12-day WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. Disclaimer: These codes may not be the most recent version. Jan. 1, 2019. To speak with an advocate, please call the statewide domestic violence hotline at 1-866-644-3574 or the statewide sexual assault hotline at 1-800-277-5570 or find the crisis center nearest you at https://www.nhcadsv.org/member-programs.html. 1993, 95:1, 3, eff. 1998, 7:1, 2; 240:5. Source. 2017, 90:8, eff.        Get tailored legal advice and ask a lawyer questions. (c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats. WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault. Crimes of domestic violence are not punished more severely in New Hampshire, but the victim may be able to obtain a restraining order against the defendant. 1992, 254:7. 1986, 132:1. 1, eff. Advertisement. | Last updated June 20, 2016. Section: 632-A:3 Felonious Sexual Assault. 1986, 132:1. Typically, the greater the harm or threatened harm is, the greater the penalty will be. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense. Jan. 1, 2015.        Simple assault and recklessly placing another in danger are misdemeanors, punishable by up to one year in jail, a fine of up to $2,000, or both. Aggravated assault is a felony punishable by approximately 5 to 30 years in prison, depending on the specific provisions of each state's sentencing laws and the circumstances of the crime. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. Chance of rain 100%. Section: 632-A:2 Aggravated Felonious Sexual Assault. Section: 632-A:2 Aggravated Felonious Sexual Assault. Jan. 1, 2004. Reckless conduct is always a great departure from how a law-abiding person would act. Only contact that can be reasonably construed as being made for the purpose of sexual arousal or gratification can be considered to be sexual contact. Family and household members include spouses, ex-spouses, people who live together or who have lived together, people who are dating or who have dated, and people related by blood or marriage (other than minor children). 1999, 177:2. 2017, 92:1, eff.           2003, 226:1, 2, eff. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. 1998, 240:2. In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. April 27, 1990. Get free summaries of new opinions delivered to your inbox! This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, TITLE LXII CRIMINAL CODE (Includes Chapters 625 - 651-E), CHAPTER 632-A SEXUAL ASSAULT AND RELATED OFFENSES. Please check official sources. (k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a           Jan. 1, 2004. June 4, 2018. Learn more about FindLaws newsletters, including our terms of use and privacy policy. V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under RSA 632-A:2, I (l), the judge may include in sentencing, in addition to Jan. 1, 2018. July 4, 2016. Defendants charged with aggravated assault have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me.". 1975, 302:1. Start here to find criminal defense lawyers near you. Rainfall near a quarter of an inch. Ann. Use our free directory to instantly connect with verified Aggravated Assault attorneys. Crisis center services are also available to anyone who has experienced or witnessed abuse, or who is looking to find ways to support someone who has. Created byFindLaw's team of legal writers and editors 1993, 138:1. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. WebNew Hampshire residents may request arrest records in two ways. July 1, 2015. That defense may take the form of showing that a weapon actually was in the victim's possession or that the victim made the first threat or struck the first blow. Jan. 1, 2007. Stay up-to-date with how the law affects your life. 1986, 225:2. 2021, 130:1, eff. You can explore additional available newsletters here. Jan. 1, 2015. 1981, 553:10. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Source. 651:6, 193-D:1.). 2014, 151:2, 3, eff. Jan. 1, 2009. Jan. 1, 2018. Simple assault charges might apply if a person threatens or causes bodily harm or moderate bodily harm, whether visible or not (such as bruising, pain, or a cut lip). Aug. 9, 1996. 1994, 185:2. 1975, 302:1. 2014, 152:4, eff. Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. Timothy.sullivan@doj.nh.gov | 603-271-3671 Below are examples of aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. 2018, 159:1, eff. Ann. Watch the official Support of the People clip from the CBS cop drama East New York Season 1 Episode 13, created by William Finkelstein and Mike Flynn. New Hampshire may have more current or accurate information. Visit our attorney directory to find a lawyer near you who can help. 1975, 302:1. WebCompare the best Aggravated Assault lawyers near Brookline, NH today. Crisis center advocates are available across New Hampshire to provide free and confidential support to anyone impacted by sexual violence. 15 counts of aggravated felonious sexual assault The charges involve allegations by four former residents of the YDC occurring between 1997-1999 Lucien Support more than 600 local businesses in Andover, Lawrence, and North Andover, Massachusetts, impacted by the gas disaster. WebThe general definition for aggravated assault could be described as: A crime or charge of physically attacking another person which results in serious bodily harm and/or is made At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 632-A: SEXUAL ASSAULT AND RELATED OFFENSES. (N.H. Rev. (a) Knowingly or recklessly causes serious bodily injury to another; or (b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or He was found not guilty of one count of aggravated felonious sexual assault and three counts of sexual assault. 2012, 105:1. Please try again. Reed, 78, was convicted on nine counts of aggravated felonious sexual assault and eight counts of sexual assault on Friday, according to a press release from the Rockingham County Attorneys office. Jan. 1, 2021. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. Many attorneys offer free consultations. Shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. (N.H. Rev. You're all set! The New Hampshire Telephone: 603-271-3658, https://www.nhcadsv.org/member-programs.htm, 2 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by one former resident of the YDC occurring between 1997-1998, 25 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1996-1999, 1 count of aggravated felonious sexual assault, 5 counts of sexual assault (misdemeanors), The charges involve allegations by two former residents of the YDC occurring between 1996-1997, 15 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1997-1999, 11 counts of aggravated felonious sexual assault. 2018, 308:1, eff. 2010, 223:2. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. 1979, 126:2. 2016, 92:1, eff. July 4, 2016. As an example, a first-time offender who hits someone in a bar fight and breaks their nose will receive a more lenient sentence than a repeat offender who attacks a police officer while resisting arrest. Arrest records are public documents in New Hampshire and may be requested by any member of the public. 1999, 177:2. A man from Rindge is accused of felony sexual assault. 1979, 127:1. 1991, 59:1. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. New Hampshire may have more current or accurate information. A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. 1985, 181:1. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. Crime Solvers of Montgomery County, a nonprofit organization, pays up to $10,000 for information leading to an arrest and indictment in connection with felonies. Source. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. GREENLAND A 54-year-old Greenland man is facing felony charges for a series of aggravated sexual assaults against a minor, which allegedly began in 2016 when the victim was 5 years old. Weba decline in assault. 2014, 151:4, eff. The law might direct a judge to hand down a minimum sentence of 20 years in prison with no option of probation or parole. WebNew Hampshire Sexual Assault Cases Levels of Offenses. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 2010, 8:1. Contact us.        Copyright 2023, Thomson Reuters. In addition, a defendant can claim self-defense or defense of others and present evidence that the alleged victim initiated the confrontation and the defendant was defending himself or another person from the alleged victim's attack. (N.H. Rev. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a Source. In some states, the information on this website may be considered a lawyer referral service. 1998, 240:2. In order to convict on aggravated assault, the prosecutor must prove every aspect of the crime (called the "elements" of the crime) beyond a reasonable doubt, including the act of assault and the elements that made the assault "aggravated." Source. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. This site is protected by reCAPTCHA and the Google, There is a newer version Aggravated assault is a second degree felony. 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WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a 2008, 334:14. 2020, 24:13, 14, eff. You can explore additional available newsletters here. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. If you are charged with a crime, a New Hampshire criminal defense attorney will be able to tell you how your case is likely to be treated in court and make the best arguments on your behalf. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. Jan. 1, 2021. CONCORD, N.H. . the number of aggravated assaults per 100,000 population) from 1979 to 2018. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. In New Hampshire, people who engage in sexual activity with children under the age of consent (age 16) can be convicted of sexual assault (also called statutory rape ). Conway praised the victim and her family as well as staff members who helped them through the process. 1996, 92:1. 1975, 302:1. Thus, the range of punishment is from community supervision (with and without jail time as a condition), and the prison time is from two to twenty years in the Texas Department of Corrections As you might imagine there are numerable scenarios. Source. 2003, 283:1, eff. Jan. 1, 2000. 2014, 152:2. Jan. 1, 1989. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Home delivery and Digital Access customers of The Eagle-Tribune get deals for restaurants, hotels, attractions and other businesses, locally and across the country. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 1997, 220:3. 1998, 240:2. Section: 632-A:3 Felonious Sexual Assault.        The judge may also place conditions (short of formal probation) on a defendant who receives a violation. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. 2005, 290:1. 1997, 220:2. WebSexual Assault Protocol - Attorney General Of New Hampshire Assaulting a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. He met the survivor when she was 11 years old and began the process of grooming her around that time. 2002, 222:7. II. Jan. 1, 2018. 2017, 90:9, eff. Throwing a vase at someone or pushing another into a glass object and causing serious lacerations. WebAggravated assault is a felony punishable by approximately 5 to 30 years in prison, depending on the specific provisions of each state's sentencing laws and the All rights reserved. Simple assault during mutual combat is a violation, punishable by a fine of up to $1,000. You already receive all suggested Justia Opinion Summary Newsletters. General Jan. 1, 1994 newer version aggravated assault lawyers near you as well staff. Team of legal writers and editors 1993, 138:1 already receive all Justia. 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