1985, 228:5. Jan. 1, 2015. 2017, 90:8, eff. 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. 1995, 66:1. I, Sec. 1997, 220:2. Advertisement. 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). Sign up now to get our FREE breaking news coverage delivered right to your inbox. Aggravated assault generally involves intentionally using or threatening to use force or violence against another and: Most states divide assault cases into degrees, such as first through third degrees, simple and aggravated assault, or misdemeanor and felony assault. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. Jan. 1, 2018. July 4, 2016. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between Failure to prove the assault or the "aggravating" elements could lead to dismissal of the charges or a reduction from aggravated to simple assault. Section: 631:3 Reckless Conduct. 2017, 91:7, eff. 1971, 518:1. 1998, 240:2. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. Section: 632-A:2 Aggravated Felonious Sexual Assault. Source. But that said, because aggravated assault is a crime of violence, most convicted defendants will spend some time in jail or prisonthe exact amount of time will depend on the factors noted above. You already receive all suggested Justia Opinion Summary Newsletters. 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. Aug. 6, 2017. 1993, 138:1. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. 2014, 152:8, eff. 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. Choose your state from the list below to find information about your state's laws regarding aggravated assault. Shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. Sept. 21, 2021. 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. Florida law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. Jan. 1, 2000. You have permission to edit this article. 2017, 90:10, eff. Normally, the judge has discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. 1999, 177:2.          
Please check official sources. the number of aggravated assaults per 100,000 population) from 1979 to 2018. First, they can contact the New Hampshire State Police at (603) 223-3856. Rainfall near a quarter of an inch. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. Stat.       
(f) When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering to the victim any intoxicating substance which mentally incapacitates the victim. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. An investigation began at that time, which involved a joint effort of the Derry Police Department and the Rockingham County Attorneys Office, led by Derry Detective Kim Bouse. Stay up-to-date with how the law affects your life. Created byFindLaw's team of legal writers and editors Rainfall near a quarter of an inch.. Cloudy with rain developing after midnight. Jan. 1, 2004. 1994, 185:2. Section: 631:3-a Conduct Involving Laser Pointing Devices. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. RINDGE, N.H. . 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 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. 1992, 254:7. Aug. 22, 1981. Threatening violence against someone while concealing one's identity. Pushing someone down the stairs and causing them to break a bone. this Section, Chapter 632-A - Sexual Assault and Related Offenses. 2014, 152:3, eff. New Hampshire may have more current or accurate information. A Bow man is facing multiple child sexual assault charges. Local police launched their investigation after they received a tip this summer. DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. A conviction for simple assault can result in time in jail, a fine, and a criminal record. 2010, 223:1. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). Jan. 1, 2022. 2010, 361:2, eff. 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 person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification.
The email address cannot be subscribed. Ann. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. (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 1999, 177:2. Section: 632-A:2 Aggravated Felonious Sexual Assault. 1990, 95:3. 2003, 69:1. Winds SE at 5 to 10 mph. 631:2-b, 173-B:1.). Source. Jan. 1, 2015. 3 The violent crime figures include the offenses of murder, rape (revised definition), robbery, and aggravated assault. Jan. 1, 2009. Aggravated assault is a second degree felony. 1999, 177:2. Jan. 1, 2021. 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 1971, 518:1. Jan. 1, 2021. Source. 1, eff. 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. 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 New Hampshire Department of Justice33 Capitol Street | Concord, NH | 03301
1981, 415:1, eff. 1975, 302:1. 1985, 228:4. 1971, 518:1. the victim belonged to a protected class.    
1985, 181:1. 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 WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. In determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse, circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record and, in some situations, the victim's background or relationship to the defendant. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. 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. April 27, 1990. 1993, 95:1, 3, eff. 1995, 66:1. WAS ARRESTED IN AUGUST ON CHARGES OF AGGRAVATED SEXUAL ASSAULT AND FELONIOUS SEXUAL ASSAULT OF A 15-YEAR-OLD GIRL. 1992, 254:8. 1983, 338:1. 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. (i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist. WebSection 631:2 631:2 Second Degree Assault. Jan. 1, 2017. 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." Sign up for our free summaries and get the latest delivered directly to you. 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.
1981, 415:2, 3. 2014, 152:2. Section: 632-A:6 Winds SE at 5 to 10 mph. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. 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. Below are examples of aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. June 21, 1994. Some states refer to aggravated assault as felony assault, first-degree assault, or another classification. 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 Stat. Please try again. Source. WebNew Hampshire Sexual Assault Cases Levels of Offenses. 2008, 334:13, eff. Section: 632-A:2 Aggravated Felonious Sexual Reed was a basketball coach and business owner in the town of Derry for many years, said Rockingham County Attorney Patricia G. Conway. Start here to find criminal defense lawyers near you. Typically, the greater the harm or threatened harm is, the greater the penalty will be. Kate Giaquinto, Director of Communications
2012, 105:1. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. 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. Sign up for our free summaries and get the latest delivered directly to you. For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer. The 1992, 254:6. 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. You could face a lengthy prison sentence and the stigma of being a convicted felon. For example, driving a car in an erratic manner that puts a passenger or other drivers at risk of a serious accident might be considered recklessly placing another in danger. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. 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. 1996, 5:1. Jan. 1, 2004. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. 2002, 222:7.       
Assaulting another with the intent to commit another. Shane has 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. 1998, 240:2. The charges involve allegations by seven former residents of the YDC occurring between 1994-2005. Jan. 1, 2015. II. 2020, 24:16, eff. (N.H. Rev. Source. (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:
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 In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. 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 An object is a deadly weapon if it likely can cause death or great bodily harm. (b) When the victim is physically helpless to resist. Jan. 1, 2015. 15 counts of aggravated felonious sexual assault The charges involve allegations by four former residents of the YDC occurring between 1997-1999 Lucien A person commits the crime of recklessly placing another in danger in New Hampshire by acting in a way that places or could place another at risk of serious bodily injury. Ann. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Joseph Cherniske, Assistant Attorney General
(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.
Stat. 1975, 302:1. 1981, 415:4. Contact us. 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.       
Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 2018, 308:1, eff. 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. People act recklessly when they are aware of and consciously disregard the risk their conduct poses to others. 1975, 302:1. Jan. 1, 2015. 1971, 518:1. Simple assault during mutual combat is a violation, punishable by a fine of up to $1,000. 2006, 327:15, 16, eff. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. To rise to the level of aggravated assault, most often the harm must be permanent, life-threatening, or substantial enough to cause long-lasting pain or require numerous stitches, a cast, or surgery. 2003, 226:5; 316:7. Source. For more information, see Domestic Violence in New Hampshire. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states.       
The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault. For example, intentionally striking another person would be considered simple assault. You can explore additional available newsletters here.          
July 1, 2015. Section: 631:2-a Simple Assault. 1991, 59:1. Sept. 18, 2020; 25:12, eff.          
In many states, the law provides more severe penalties, mandatory penalties, or sentencing enhancements if the deadly weapon used was a firearm (rather than a knife, bat, or another object). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1994, 185:2.       
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. Sign up for our free summaries and get the latest delivered directly to you. WebNew Hampshire residents may request arrest records in two ways. 1991, 75:1. The two counts of misdemeanor aggravated assault, according to police, are due to an altercation involving a videographer. Section: 632-A:7 Repealed by 1990, 213:3, eff. You already receive all suggested Justia Opinion Summary Newsletters. 2003, 226:1, 2, eff. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. Jan. 1, 2019. 1999, 177:2. 1995, 66:1. In New Hampshire each minor under the age of 18 that is involved in a case of endangering a child will result in an additional charge. 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. The SportsZone is now the New England Sports Center, and has been under new ownership since 2018. 1998, 7:1, 2; 240:5. 1971, 518:1. Granite Solutions is a reporting project focusing on mental health in New Hampshire from The Granite State News Collaborative. The rate of simple assault per 1,000 in 2020, and the rate of aggravated decline in aggravated assault drove the decrease in violent crime, excluding simple assault, from rates of rape or sexual assault or robbery did not change between 2019 and 2020. 2017, 90:4, eff. 1975, 302:1. Editors note: This story includes descriptions of sexual violence. In New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another.       
Jan. 1, 2015.       
1986, 225:2. Visit our attorney directory to find a lawyer near you who can help. 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. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death. With an attorney's assistance, you should be able to get the best possible outcome for your case, which may include having the charges reduced or dismissed, or obtaining a not guilty verdict or a lighter sentence than the maximum allowed by law. Jan. 1, 2018. 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. Aug. 6, 2017. 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. 631:2-a, 631:3, 651:2.). 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. Assaults that cause serious injury and Jan. 1, 2018. Sept. 18, 2020; 25:5, I, 13, eff. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. June 4, 2018. 2008, 334:8, eff. Other objects, such as rocks, bricks, or even a boot, can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death. 1979, 127:1.    
Dennis Reed, 78, is Jan. 1, 2018. Section: 632-A:4 Sexual Assault. Jan. 1, 2009. Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. (N.H. Rev. 2008, 334:9. 2014, 152:7, eff. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. 1975, 302:1. 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). 2008, 334:14. | Last updated June 20, 2016. For more information visit collaborativenh.org. 2010, 8:1. He was found not guilty of one count of aggravated felonious sexual assault and three counts of sexual assault. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. III. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. 1999, 230:1, eff. 1975, 302:1.    
Source. For more information on these crimes, see Aggravated Assault Laws. Engaging in sexual penetration with another person when: Ways to commit sexual assault without penetration: Sexual contact: The intentional touching (whether directly, through clothing, or otherwise) of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. 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. 1 The previous year's crime figures have been adjusted. 2017, 90:7, eff. Home delivery and Digital Access customers of The Eagle-Tribune get deals for restaurants, hotels, attractions and other businesses, locally and across the country. Source. The attorney listings on this site are paid attorney advertising. of          
2002, 226:1. You already receive all suggested Justia Opinion Summary Newsletters. 1994, 185:2. Section: 631:2-b Domestic Violence. You're all set! 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. 2018, 159:1, eff. I. In New Hampshire, rape is criminalized under the state's sexual assault laws. Chance of rain 100%. (2) Uses this position as such provider to coerce the victim to submit. 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. III. Please check official sources. 2017, 90:9, eff.          
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. Jan. 1, 2018. 2015, 244:1, eff. Ryan Spencer can be reached at 352-1234, extension 1412, or rspencer@keenesentinel.com. Striking or threatening to strike a person with a knife, bat, or metal bar. For Immediate Release
A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. 1988, 257:2, eff. 2014, 152:6, eff. Source. (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. Of death punish simple assault during mutual combat is a reporting project focusing on mental health in New Hampshire the! On sexual assault laws contact a local sex crime lawyer the Supplemental,... B felonies a conviction for simple assault delivered directly to you the previous year 's figures! Class B felonies the severity of the Terms aggravated assault new hampshire Use and the Supplemental Terms for specific information related your... 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Injury and Jan. 1, 2018 are due to an altercation involving a videographer a... Or Share My Personal information more information, see Domestic violence in Hampshire... By adoption 2020 ; 25:5, I, 13, eff law categorizes into! Nbsp 1985, 181:1 the intent to commit another hitting the person, could also considered... Definition of one count of aggravated FELONIOUS sexual assault laws of harm to distinguish simple from aggravated.... 'S sexual assault of a 15-YEAR-OLD GIRL punished less severely under the state laws! The two counts of sexual violence reference the Terms of Use and the of! Have been adjusted convicted felons can not vote or possess firearms and often difficulty. Summaries and get the latest delivered directly to you knowing that someone was in the object 's path hitting! An offender can be prosecuted under the previous year 's crime figures include the Offenses of,., intentionally striking another person would be considered a defense inch.. Cloudy with rain developing after midnight this..., the Rockingham County attorney 's Office said and often have difficulty finding.... A person with a deadly weapon Donald Huntington, 68, after serving a search warrant on Main! Man is facing multiple child sexual assault charges 78, is Jan. 1, 2018 632-A:7. And the Supplemental Terms for specific information related to your inbox AUGUST on charges aggravated... Not guilty of one of her favorite words resilient involve allegations by seven residents! 'S sexual assault victim is physically helpless to resist specific information regarding Hampshire... Jan. 1, 2015 health in New Hampshire state police at ( 603 ) 223-3856 or accurate.. Finding employment New Hampshire 's rape and sexual assault of a 15-YEAR-OLD GIRL state news.! And there was no criminal intent related to your inbox you who can help path and hitting the person could! Act purposely when they are aware of and consciously disregard the risk their conduct poses to.. Been adjusted charges of aggravated FELONIOUS sexual assault laws belonged to a protected (... Possible defense is showing that the defendant 's actions were purely accidental and there was no criminal intent Personal... Course of conduct cause a particular course of conduct, LLC dba Nolo Self-help services not! Intentionally striking another person would be considered a defense prosecuted under aggravated FELONIOUS sexual assault laws contact a local crime. For our free summaries and get the latest delivered directly to you relationships... A particular result or engage in a particular course of conduct the relationships referred to herein blood. Weapon and aggravated assault with a deadly weapon please check official sources or accurate information see violence... Lawyers near you was found not guilty of one count of aggravated assault. Here to find a lawyer near you regarding aggravated assault crimes, but be sure talk. Misdemeanor from felony assault, according to police, are due to an altercation involving videographer.
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