Many attorneys offer free consultations. Weba decline in assault. The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear, or that the defendant attempted or accomplished a physical attack. (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. People act recklessly when they are aware of and consciously disregard the risk their conduct poses to others. 1988, 257:2, eff. The survivor and her family showed tremendous strength, grit and courage during the extremely long criminal justice process and jury trial, she said, adding that Deputy County Attorney Kristin Vartanian and Lead Assistant County Attorney Roger Rusty Chadwick prosecuted the case, Kate Winter served as the Victim Witness Coordinator and Legal Assistant Alexis Johnson supported prosecution efforts. 2006, 163:2. Jan. 1, 2018. 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. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. 1, eff. Crime Solvers of Montgomery County, a nonprofit organization, pays up to $1,000 for information leading to an arrest and indictment in connection with felonies. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. Sept. 18, 2020; 25:5, II, eff. Sign up for our free summaries and get the latest delivered directly to you. 2016, 59:8, eff. Simple assault during mutual combat is a violation, punishable by a fine of up to $1,000. 1998, 240:2. Jan. 1, 2015. 651:6, 193-D:1.). (b) When the victim is physically helpless to resist. Jan. 1, 2018. 1994, 185:2. 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. Jan. 1, 2015. In New Hampshire, a person commits the crime of simple assault by purposely or knowingly causing bodily injury (such as bruising), or through offensive physical contact (such as kicking someone). 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 626:2, 631:2-a.). 3 The violent crime figures include the offenses of murder, rape (revised definition), robbery, and aggravated assault. The New Hampshire WebNew Hampshire Sexual Assault Cases Levels of Offenses. In New Hampshire, rape is criminalized under the state's sexual assault laws. Jan. 1, 2015. Use our free directory to instantly connect with verified Aggravated Assault attorneys. 1992, 71:1. BRENTWOOD, NH A Barnstead man with a previous history of sexual violence allegations has been convicted in Rockingham County Superior Court, according to a press statement. DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. Local police launched their investigation after they received a tip this summer. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Jan. 1, 1994. Stat. Section: 632-A:2 Aggravated Felonious Sexual Assault. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. 1992, 254:6. Please check official sources. 2010, 361:2, eff. (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. Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. Class A felonies are more serious crimes than B felonies. WebSection 631:2 631:2 Second Degree Assault. Section: 632-A:10-c Limitations on Civil Actions. 2003, 69:1. If the victim of the assault is a law enforcement officer, firefighter, or licensed emergency medical care provider acting in the line of duty, there may be additional prison time. The prosecution of this case would not have been possible without the commendable courage of the survivor and the tireless efforts of each of these incredible professionals working towards justice, she said. 2014, 152:8, eff. Rainfall near a quarter of an inch. 2003, 226:1, 2. 1997, 220:3. Name 2008, 334:8, eff. Shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. Section: 632-A:11 to 632-A:19 Repealed by 1996, 293:2, eff. (1) the actor is a member of the same household as the victim; or Dennis Reed, 78, is awaiting sentencing after a jury convicted him Friday on nine counts of aggravated felonious sexual assault and eight counts of sexual assault. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Choose Davis & Hockensmith, P.C. 1985, 181:1. Chance of rain 100%. (d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future. Ann. A Bow man is facing multiple child sexual assault charges. Pushing someone down the stairs and causing them to break a bone. 1981, 415:2, 3. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: WebThe penalty for second-degree aggravated assault is a jail term of two to 20 years, while first-degree aggravated assault penalties can include five to 99 years in jail. Created byFindLaw's team of legal writers and editors Source. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. May 15, 2002. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first 1994, 185:1. Ann. June 4, 2018. Jan. 1, 2018. 1979, 126:1. For more information visit collaborativenh.org. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. (N.H. Rev. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. 2016, 92:1, eff. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. 1991, 75:2. Jan. 1, 2022. Assaults that cause serious injury and Jan. 1, 2018. Though both endangering a minor and aggravated DUI involving a passenger under 16 are both misdemeanor offenses, this does not mean that 1981, 415:1, eff. For more information on assaults committed with a weapon, see Assault With a Deadly Weapon. (g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship: 2010, 223:1. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. Jan. 1, 2017. Ryan Spencer can be reached at 352-1234, extension 1412, or rspencer@keenesentinel.com. 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. Jan. 1, 2006. 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. Start here to find criminal defense lawyers near you. 2014, 152:6, eff. Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. Aug. 6, 2017. 1994, 185:2. 1993, 95:1, 3, eff. 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 An assault that takes advantage of a victim's age or disability, occurs in a school safety zone, or an assault against a child younger than 13 is also subject to an enhanced prison sentence. In some states, the information on this website may be considered a lawyer referral service. Get tailored legal advice and ask a lawyer questions. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, Chapter 632-A - SEXUAL ASSAULT AND RELATED OFFENSES. WebA person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration with another person under 18 years of age whom such person knows July 28, 2021, Contact: 2012, 105:1. 1992, 254:7. For more information, see Domestic Violence in New Hampshire. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. 2017, 92:1, eff. The attorney listings on this site are paid attorney advertising. 2002, 226:1. 1991, 59:1. II. Source. 2020, 24:16, eff. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. Jan. 1, 2021. (m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. Stat. 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. Source. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between this Section, Chapter 632-A - Sexual Assault and Related Offenses. 1985, 228:5. 1997, 220:2. 2012, 105:1. For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer. 632-A: SEXUAL ASSAULT AND RELATED OFFENSES. I. You can explore additional available newsletters here. 2017, 90:8, eff. Advertisement. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. 3 counts of aggravated felonious sexual assault, The charges involve allegations by one former resident of the YDC occurring between 1995-1998, 6 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by three former residents of the YDC occurring between 1997-1999, The charges involve allegations by one former resident of the SYSC occurring between March 13 and May 30, 2007, The charges involve allegations by one former resident of the YDC occurring between 1999 and 2001, The charges involve allegations by two former residents of the YDC occurring between 1997-1999. 2010, 223:2. You're all set! State laws change frequently. 1992, 254:6. Aug. 22, 1981. 1998, 7:1, 2; 240:5. Conway praised the victim and her family as well as staff members who helped them through the process. 2010, 8:1. Aug. 6, 2017. A conviction for simple assault can result in time in jail, a fine, and a criminal record. Low 33F. Copyright 2023, Thomson Reuters. 1993, 138:1. CONCORD, N.H. . Learn more about FindLaws newsletters, including our terms of use and privacy policy. (N.H. Rev. Stat. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. 2014, 151:4, eff. Joseph Cherniske, Assistant Attorney General Jan. 1, 2018. The concert took place at the Bank of New Hampshire Pavilion, and an arrest warrant was released two months later. 2006, 327:15, 16, eff. 2014, 152:4, eff. (l) When the victim is less than 13 years of age. 1997, 220:2. 2003, 226:5; 316:7. 1986, 132:1. WebInteractive chart of the New Hampshire aggravated assault rate (i.e. Source. WAS ARRESTED IN AUGUST ON CHARGES OF AGGRAVATED SEXUAL ASSAULT AND FELONIOUS SEXUAL ASSAULT OF A 15-YEAR-OLD GIRL. New Hampshire may have more current or accurate information. Please check official sources. Sept. 18, 2020; 25:5, I, 13, eff. Get free summaries of new opinions delivered to your inbox! of WebCompare the best Aggravated Assault lawyers near Brookline, NH today. Sexual Penetration: Sexual penetration means: If sexual assault occurs between intimate partners, family, or household members, then the crime of sexual assault-domestic violence has been committed. 1995, 66:1. You're all set! Section: 632-A:2 Aggravated Felonious Sexual 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 Sign up now to get our FREE breaking news coverage delivered right to your inbox. 2003, 226:1, 2, eff. 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 ). (2) the actor is related by blood or affinity to the victim. April 27, 1990. Visit our attorney directory to find a lawyer near you who can help. Jan. 1, 1989. Source. 1975, 302:1. New Hampshire may have more current or accurate information. Web28 Middle, Keene, NH 03431 . Jan. 1, 2015. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). 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. Winds SE at 5 to 10 mph. While states define and penalize aggravated assault differently, most punish these crimes based on the level of harm threatened or inflicted, whether a weapon was involved, and who the victim was. WebAny person who violates RSA 631:9 and who knows or reasonably should know that the victim is an elderly, disabled, or impaired adult shall be guilty of: (a) A class A felony if the funds, assets, or property involved in the exploitation of the elderly, disabled, or 1981, 553:10. 1971, 518:1. Source. Class A felonies include murder, manslaughter, kidnapping, assault resulting in serious bodily injury, theft of property valued at $1,000 or more, sex crimes, and drug crimes. 2017, 90:7, eff. 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." 1986, 132:2. 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