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Assault defense attorneys Ted Lothstein and Richard Guerriero have represented many clients charged with different degrees of assault in New Hampshire's District Courts, and Superior Courts, throughout the State. The criminal defense lawyers at Lothstein Guerriero, PLLC have years of experience handling these types of cases and will work hard to achieve the best possible outcome for your case. Contact our office today to schedule a consultation to discuss the details of your assault case.
New Hampshire does not use the terminology "assault and battery."In some States, an "assault" refers only to a verbal assault, and the term "battery" encompasses actual physical assaults. In NH, a criminal "assault" cannot be committed without, at the very least, actual physical contact that is not "privileged". There are, however, different types of assault that you may be charged with.
Simple Assault is the least serious form of assault in NH criminal law and can be charged as a Class B or a Class A misdemeanor. If the prosecution decides to charge a Class A misdemeanor, then up to 12 months of jail time in the house of correction for each count is a possibility. A fine up to $2000.00 plus a 24% court fee called a "penalty assessment" can also be imposed.
If the prosecution charges a class B misdemeanor, the maximum penalty is a $1200 fine and, of course, a conviction would mean that the person will now have a criminal record.
The Simple Assault law generally covers assaults that don't cause serious bodily injury and that are not inflicted with any kind of weapon. The prosecution can allege either that the defendant knowingly or recklessly caused bodily injury, or that the defendant knowingly caused unprivileged physical contact. While the concept of "unprivileged" is not defined, it's generally understood to mean contact for which there was no express or implied permission, or contact that is protected under a specific law.
What if a so-called "assault" actually occurred during a mutual fight? One available defense to a Simple Assault prosecution, is the argument that the defendant is guilty only of Mutual Combat, which is a non-criminal violation. Alternatively, although this is rare, the prosecution can charge only Mutual Combat from the outset.
NH law defines different penalties for several different kinds of felonies, but most of them are in two classes, either Class A or Class B, with Class A being the more serious.
Second Degree Assault is the second most serious type of assault. There are several different types of conduct that fall under the definition of Second-Degree Assault. First, a defendant could be guilty of Second‑Degree Assault if the prosecution proves beyond a reasonable doubt that the defendant knowingly or recklessly causes serious bodily injury to another. For this type of Second Degree Assault, the prosecution does not have to prove that the defendant used a weapon - it could be just fists, a head-butt, etc.
Alternatively, the prosecution could allege that the defendant recklessly caused bodily injury to another person by means of a deadly weapon.
Under NH law, just about any thing that could cause serious bodily injury or death, could be a deadly weapon. For example, it could be a vehicle that the defendant was driving, it could be a kitchen knife, and it could be a shoe on your foot on the defendant's foot.
A defendant could commit the crime of Second Degree Assault by recklessly causing bodily injury to another person, under circumstances manifesting extreme indifference to the value of human life. For example, driving 100 miles per hour in a residential neighborhood, clipping a pedestrian, but causing only minor injuries.
There are two other ways to commit second degree assault that don't come up very often. One is to purposely or knowingly cause bodily injury to a child under 13 years old, so child abuse cases. Another is to recklessly or negligently cause injury to a woman resulting in miscarriage or still‑birth.
Apart from sexual assaults, the most serious assault that can be committed in New Hampshire is called First Degree Assault, a class A felony. Like the other levels of assault, there are several ways that this crime can be committed.
First, the prosecution can allege that the defendant purposely caused serious bodily injury to another person. Or, caused only bodily injury (not serious), but inflicted with a deadly weapon. This law also covers certain assaults to pregnant women, and assaults of children under 13 that cause serious bodily injury.
If an assault is committed against an intimate partner, family member, or household member, then the prosecution will add the words "Domestic Violence" to the charging document. Conviction of a domestic violence crime can cause the lifetime revocation of the defendant's right to bear arms, unless civil liberties are restored at a later date. This is true even if the Simple Assault is charged as a class B misdemeanor. In other words, a person could face a charge brought by the government that does not involve even the possibility of jail time, and does not give rise to a right to a court-appointed lawyer, but conviction would terminate that person's civil liberties, potentially for life. Also, the waiting period for eligibility for annulment of "Domestic Violence" misdemeanor conviction is 10 years, not 2 or 3 years like other misdemeanor offenses.
If you've been charged with assault, you should contact a New Hampshire assault defense attorney immediately to begin building your defense. Common defenses to assault prosecutions include:
Being charged with assault is a serious matter and should be treated as such. If you are facing assault charges, contact the skilled criminal defense lawyers at Lothstein Guerriero, PLLC and learn how we can put our experience to work for you.
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