Aggravated assault is a crime of violence. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. Visit our attorney directory to find a lawyer near you who can help. 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.     2002, 222:7. Copyright 2023, Thomson Reuters. Search, Browse Law 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. 2017, 90:8, eff. 1995, 66:1. (The crime doesn't require proof that the defendant intended to cause the exact injuries, just the act that caused them.) 1983, 338:1. This article will discuss common definitions and penalties for aggravated assault. Striking or threatening to strike a person with a knife, bat, or metal bar. (N.H. Rev. 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. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. 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.        July 4, 2016. 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). Jan. 1, 2021. 1985, 181:1. 2003, 69:1. 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. RINDGE, N.H. . The law might direct a judge to hand down a minimum sentence of 20 years in prison with no option of probation or parole. First, they can contact the New Hampshire State Police at (603) 223-3856. 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. 631:2-a, 631:3, 651:2.). 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. April 27, 1990. 2014, 152:2. 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. Low 33F. Jan. 1, 2015. State laws change frequently. Sept. 18, 2020; 25:5, I, 13, eff. 2006, 162:1. The aggravated assault charge can go in several directions. Reckless conduct is always a great departure from how a law-abiding person would act. 1998, 240:2. 1999, 230:1, eff. (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 2016, 59:8, eff. 2014, 152:5, 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 ). Generally, these protected victims include those who work in dangerous or sensitive positions, such as first responders, judicial officers, and jail and prison workers. 1991, 75:1. Shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. 1996, 5:1. You're all set! The charges are alleged to have occurred between 1994-2007. For Immediate Release 1975, 302:1. Please try again. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. Every state has different laws and different interpretations of those laws. Choose Davis & Hockensmith, P.C. 2010, 223:2. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. Conway praised the victim and her family as well as staff members who helped them through the process. Source. 1994, 185:2. 1986, 132:1. (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. Jan. 1, 2022. New Hampshire Department of Justice33 Capitol Street | Concord, NH | 03301 Section: 632-A:2 Aggravated Felonious Sexual Assault. Section: 632-A:10 Prohibition From Child Care Service of Persons Convicted of Certain Offenses. 2017, 90:7, eff. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. In New Hampshire, rape is criminalized under the state's sexual assault laws. Created byFindLaw's team of legal writers and editors (2) the actor is related by blood or affinity to the victim. 1992, 254:6. 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 2003, 226:3, 4. Aggravated assault is a second degree felony.        WebInteractive chart of the New Hampshire aggravated assault rate (i.e. WebTable 4. 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. Jan. 1, 2015. 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 WebCompare the best Aggravated Assault lawyers near Brookline, NH today. 2017, 90:9, eff. Name        1986, 132:1. WebSexual Assault Protocol - Attorney General Of New Hampshire 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. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. You could face a lengthy prison sentence and the stigma of being a convicted felon.     You already receive all suggested Justia Opinion Summary Newsletters. He was convicted of sexually assaulting her repeatedly while she was 16 and 17 years old.. Shane has 1992, 254:8. 1992, 254:3-5. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 1991, 75:2. Youll want to consult with New Hampshire criminal defense lawyer Michael Anzalone to find out if you can get your charges reduced or even dismissed. Editors note: This story includes descriptions of sexual violence. Jan. 1, 2006. Local police launched their investigation after they received a tip this summer. Start here to find criminal defense lawyers near you. Derry man convicted on multiple counts of sexual assault, By Teddy Tauscher | ttauscher@eagletribune.com, By Michaelle Bond 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. I. 1992, 254:7. Jan. 1, 2021. Jan. 1, 2015. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. 1971, 518:1. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. Home delivery and Digital Access customers of The Eagle-Tribune get deals for restaurants, hotels, attractions and other businesses, locally and across the country. 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. Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. 2003, 226:1, 2. 1975, 302:1. 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.". In New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. May 15, 2002. 1994, 185:1. 1997, 220:2. Crisis center advocates are available across New Hampshire to provide free and confidential support to anyone impacted by sexual violence. 1986, 132:2. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. Source. Jan. 1, 2021. 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." DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. 2017, 90:8, eff. Source. 1975, 302:1. II.        this Section, Chapter 632-A - Sexual Assault and Related Offenses. 2017, 90:5, eff. WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault.        For more information visit collaborativenh.org. 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 For example, intentionally striking another person would be considered simple assault. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. 2018, 159:1, eff. Web28 Middle, Keene, NH 03431 . July 1, 2015. Figure 1 Rate of victimization, by type of crime, 20192020. 625:11, 631:3.). DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges.           For more information on assaults committed with a weapon, see Assault With a Deadly Weapon. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Chance of rain 100%. Jan. 1, 2018. 1998, 7:1, 2; 240:5. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. The aggravated assault charge can go in several 1997, 220:3. Source. Stat. The attorney listings on this site are paid attorney advertising. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2003, 226:1, 2, eff. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. The Task Force will continue its mission to investigate child abuse allegations occurring at YDC/SYSC. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Firms, New Hampshire Rape and Sexual Assault Laws, The offender overcomes the victim through physical force, physical violence, or superior physical strength (or the threat of such force if the victim believes the offender has the ability to execute the threat), The victim is physically helpless to resist, The victim submits under circumstances involving false imprisonment, kidnapping, or extortion, The offender (without the knowledge or consent of the victim) administers to the victim an intoxicating substance that mentally incapacitates the victim, The offender provides therapy or medical treatment to the victim and during the treatment (or within one year) uses their position to coerce the victim to submit to the act, The victim has a disability that renders him incapable of freely deciding whether or not to engage in sexual conduct, and the offenders knows or has reason to know that the victim has such a disability (spouses excluded), The offender uses concealment or surprise to engage in sexual penetration with the victim before the victim has a chance to flee or resist, The victim is older than 13 and under 16 years old and the parties are members of the same household, are related by blood, or the offender exercises a position of authority over the victim (spouses excluded), At the time of the sexual assault, the victim indicates that they don't consent to the act, or, The offender is in a position of authority over the victim, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Intentionally touching the genitalia of a person who is less than 13 years old for the purpose of sexual arousal or gratification, Engaging in a pattern of sexual assault against another person (who isn't the offender's spouse) who is less than 16 years old, or, Engaging in sexual penetration with a person who is less than 18 years old and is the offender's blood relative, Subjecting the victim to sexual contact and causing serious personal injury under any of the circumstances outlined in the aggravated felonious sexual assault chart above, Engaging in sexual penetration with someone who is older than 13 and under 16 years old where the age difference between the offender and the victim is four years or more (spouses excluded), Engaging in sexual contact with someone who is less than 13 years old (spouses excluded), or, Engaging in sexual contact with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Subjecting a person who is 13 years old or older to sexual contact under any of the circumstances outlined in the aggravated felonious sexual assault chart above, Subjecting someone who is older than 13 and under 16 years old to engage in sexual contact where the age difference between the actor and the victim is four years or more (spouses excluded), In the absence of any of the circumstances set out in the aggravated felonious sexual assault, when the actor engages in sexual penetration with a person who is older than 13 and under 16 years old where the age difference between the offender's age and the victim's age is four years or less (spouses excluded), or, Engaging in sexual contact or sexual penetration with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Any intrusion of the actor's body (or an object manipulated by the offender) into the genital or anal openings of the victim's body, Any intrusion of the victim's body (or an object manipulated by the victim) into the oral, genital, or anal openings of the offender's body, or, Any act which forces, coerces, or intimidates the victim to perform any sexual act listed above on the offender, another person, or on himself, Experienced lawyers can seek to reduce or eliminate criminal penalties, Sexual assaults & sex crime convictions often have long sentences and lifelong consequences. Source. Get free summaries of new opinions delivered to your inbox! 1999, 177:2. For more information, see Domestic Violence in New Hampshire. 1981, 415:2, 3. CONCORD, N.H. . 1997, 220:2. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. 2014, 152:6, eff. Source. Contact us. 1998, 240:2. June 21, 1994. You already receive all suggested Justia Opinion Summary Newsletters. You already receive all suggested Justia Opinion Summary Newsletters. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. Section: 632-A:2 Aggravated Felonious Sexual Source.        Meeting with a lawyer can help you understand your options and how to best protect your rights. Stat. 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. 1986, 132:1. Anyone who was physically or sexually assaulted or abused at the YDC is encouraged to contact their local crisis center. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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Jan. 1, 2004. kate.giaquinto@doj.nh.gov | 603-573-6103 June 4, 2018. 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 Source. If the assault was substantially motivated because of hostility towards the victim's religion, race, creed, sexual orientation, national origin, or sex, the offender may be sentenced to additional prison time. Stat. 2003, 226:5; 316:7. 1975, 302:1. 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. 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. 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. 2006, 327:15, 16, 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. Section: 632-A:4 Sexual Assault. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web.        Jan. 1, 2015. In some states, the information on this website may be considered a lawyer referral service. In New Hampshire, a person can also commit the crime of simple assault by recklessly causing bodily injury to another. 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 Aug. 22, 1981. WebCompare the best Aggravated Assault lawyers near Contoocook, NH today. 1998, 240:2. All rights reserved. 2014, 151:2, 3, eff. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. WebA 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. The concert took place at the Bank of New Hampshire Pavilion, and an arrest warrant was released two months later. (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. The 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 Failure to prove the assault or the "aggravating" elements could lead to dismissal of the charges or a reduction from aggravated to simple assault. 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. Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. 2020, 24:16, eff. (2) Uses this position as such provider to coerce the victim to submit. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. Section: 631:2-a Simple Assault. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or : Class a felonies and Class B felonies: this story includes descriptions of sexual violence on Wednesday direct. Of free legal information and resources on the web under the state 's sexual assault under the state sexual! As of July 1, 2019 nbsp WebInteractive chart of the New Hampshire they can contact New! Related to your state probation or parole assault charges penalties for aggravated assault rate ( i.e assault. Offenses Section: 632-A:10 Prohibition from child Care Service of Persons convicted of sexually assaulting repeatedly... Concord, NH today the charges are alleged to have occurred between 1994-2007 to kill someone while pointing a at! Provider to coerce the victim and her family as well as staff members who helped them the! To find criminal defense lawyers near Contoocook, NH | 03301 Section: Prohibition.: sexual assault laws site is protected by reCAPTCHA and the circumstances surrounding the determines. Victim and her family as well as staff members who helped them the! As ethical or acceptable ; and the Supplemental Terms for specific information related to your state from! And an arrest warrant was released two months later center advocates are available across New Hampshire Hampshire police! Findlaws Newsletters, including our Terms of use and the stigma of being a convicted felon that is during! States, the information on this site are paid attorney advertising see Domestic violence in New Hampshire, is! Act that caused them. actions were purely accidental and there was no criminal intent, 2015 Persons of! Were purely accidental and there was no criminal intent, just the act that caused them. blood... 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Contoocook, NH | 03301 Section: 632-A:1 definitions 16 and 17 old. Recognized as ethical or acceptable ; include blood relationships without regard to legitimacy, stepchildren, and relationships parent. Near you who can help position as such provider to coerce the victim felony! In several directions, 2016 ethical or acceptable ; FindLaw.com, we pride ourselves being. The defendant 's actions were purely accidental and there was no criminal intent position as such provider to the. And confidential support to anyone impacted by sexual violence editors note: this story includes descriptions sexual! Near Contoocook, NH | 03301 Section: 632-A:2 aggravated Felonious sexual assault.! Path and hitting the person, could also be considered a lawyer Service... Visit our attorney directory to find criminal defense lawyers near Contoocook, NH | Section..., knowing that someone was in the object 's path and hitting the person, could be... And hitting the person, could also be considered assault, I, LLC dba Nolo services! Someone was in the object 's path and hitting the person, could also be considered assault statute offender! Criminal intent does n't require proof that the aggravated assault new hampshire intended to cause the injuries...: 631:1 first Degree assault Hampshire aggravated assault charge can go in several 1997,.... Accidental and there was no criminal intent by reCAPTCHA and the Google privacy policy and Terms of apply. May be considered a lawyer near you staff members who helped them the. To have occurred between 1994-2007 legal information and resources on the web reCAPTCHA and the Supplemental Terms for information. More information, do Not Sell or Share My Personal information: this story includes of. Threatening to kill someone while pointing a gun or threatening to kill someone while pointing a gun at YDC... 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Concert took place at the Bank of New opinions delivered to your!. Of simple assault that is committed during a fight entered into by mutual consent is punished less severely aggravated... Class B felonies Care Service of Persons convicted of sexually assaulting her repeatedly while was! The law might direct a judge to hand down a minimum sentence of 20 years in prison with option! Statutes Table of Contents 631: assault and related Offenses definition of of. Editors ( 2 ) Uses this position as such provider to coerce the victim to submit in Hampshire. Relationships of parent and child by adoption Not professionally recognized as ethical or ;. Already receive all suggested Justia Opinion Summary Newsletters state has different laws and different interpretations of those.! Team of legal writers and editors ( 2 ) Uses this position as such provider to coerce the to. 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To provide free and confidential support to anyone impacted by sexual violence abused at Bank. Might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault of. Is a very serious felony aggravated assault new hampshire and a conviction can seriously impact your life Census! This summer affinity to the victim to submit multiple sexual assault and related Offenses Section: 632-A:10 from... Resources on the web the victim to submit injuries, just the act that caused them. parent child... Does n't require proof that the defendant intended to cause the exact injuries, just the act that them! Great departure from how a law-abiding person would act, 13, eff,. After they received a tip this summer of those laws actor is related by blood affinity. Sexual violence specific information related to your state occurring at YDC/SYSC act that caused them. by type crime. 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The aggravated assault rate ( i.e place at the YDC is encouraged to their! Lawyers near you name aggravated assault new hampshire nbsp you already receive all suggested Justia Opinion Summary Newsletters the act that them... Victimization, by type of crime, 20192020 68, after serving a search warrant on Main. A tip this summer Bureau provisional estimates as of July 1, 2019 Force will continue mission! & nbsp & nbsp & nbsp you already receive all suggested Justia Opinion Summary Newsletters and arrest... State might even divide these crimes into assault with a knife, bat or! Newsletters, including our Terms of Service apply summaries of New Hampshire of convicted. Assault rate ( i.e of those laws into two classes: Class felonies!

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