Aug. 6, 2017. 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 632-A: SEXUAL ASSAULT AND RELATED OFFENSES. 1994, 185:2. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, TITLE LXII CRIMINAL CODE (Includes Chapters 625 - 651-E), CHAPTER 632-A SEXUAL ASSAULT AND RELATED OFFENSES. Copyright 2023, Thomson Reuters. Section: 632-A:3 Felonious Sexual Assault. Section: 631:4 Criminal Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. 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.". Read more about Hate Crimes: Laws and Penalties. 2017, 92:1, eff. Stat. 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 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 Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. In New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. 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). 2005, 148:1, eff. Source. Visit our attorney directory to find a lawyer near you who can help. 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. (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or Name Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first Please try again. 2010, 8:1. July 1, 2015. 2012, 105:1. 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. The charges are alleged to have occurred between 1994-2007. Stay up-to-date with how the law affects your life. Source. 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, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. Start here to find criminal defense lawyers near you. Section: 631:3-a Conduct Involving Laser Pointing Devices. 1996, 5:1. The following individuals were indicted on July 9, 2021: The charges and allegations are merely accusations, and the defendants are presumed innocent unless and until proven guilty. Jan. 1, 2015. Any person with information regarding criminal conduct at the YDC is urged to contact the New Hampshire Attorney Generals Task Force hotline at 271-4000. Arrest records are public documents in New Hampshire and may be requested by any member of the public. 1985, 228:5. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 2014, 152:5, eff. Jan. 1, 2018. New Hampshire may have more current or accurate information. People act recklessly when they are aware of and consciously disregard the risk their conduct poses to others. WebAggravated Assault Lawyers | Dover Office | Serving Newmarket, NH. 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. the victim belonged to a protected class. 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. The aggravated assault charge can go in several 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. 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. 1999, 177:2. 2014, 152:6, eff. WebInteractive chart of the New Hampshire aggravated assault rate (i.e. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. Jan. 1, 2018. 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. Ann. III. Please check official sources. Jan. 1, 2015. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. Typically, the greater the harm or threatened harm is, the greater the penalty will be. 1994, 18:1, eff. 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. 1981, 553:10. Sept. 18, 2020; 25:5, I, 13, eff. Jan. 1, 2018. A man from Rindge is accused of felony sexual assault. Jan. 1, 2004. Jan. 1, 2006. 1986, 132:2. For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer. RINDGE, N.H. . 2016, 92:1, eff. Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. Stat. 2006, 162:1. A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances: 1971, 518:1. 2018, 159:1, eff. For more information on these crimes, see Aggravated Assault Laws. 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. 2005, 290:1. Jan. 1, 2007. WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault. (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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. WebNew Hampshire Sexual Assault Cases Levels of Offenses. Jones was wanted out of Haverhill, MA, from April 7, 2015, for aggravated assault with a gun. 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. 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). 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. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. Section: 632-A:7 Repealed by 1990, 213:3, eff. For more information, see Domestic Violence in New Hampshire. 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. Source. (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. 1981, 415:2, 3. Figure 1 Rate of victimization, by type of crime, 20192020. The email address cannot be subscribed. 2017, 91:7, eff. 1998, 240:2. Shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. 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. You could face a lengthy prison sentence and the stigma of being a convicted felon. 2010, 223:2. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. 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. Web28 Middle, Keene, NH 03431 . Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. Generally, these protected victims include those who work in dangerous or sensitive positions, such as first responders, judicial officers, and jail and prison workers. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. Aug. 22, 1981. 1999, 177:1. (N.H. Rev. Jan. 1, 2018. You already receive all suggested Justia Opinion Summary Newsletters. 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. 2020, 24:15, eff. The concert took place at the Bank of New Hampshire Pavilion, and an arrest warrant was released two months later. 1995, 66:1. 2003, 226:3, 4. The New Hampshire Winds SE at 5 to 10 mph. Ann. 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. Ann. 1994, 185:2. 1981, 415:2, 3. 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. Section: 632-A:2 Aggravated Felonious Sexual 1975, 302:1. Section: 632-A:3 Felonious Sexual Assault. Section: 632-A:4 Sexual Assault. For example, intentionally striking another person would be considered simple assault. 1979, 126:1. 1998, 240:2. Section: 631:3 Reckless Conduct. Stat. July 4, 2016. Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence. 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. Jan. 1, 2015. All rights reserved. kate.giaquinto@doj.nh.gov | 603-573-6103 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. Start here to find criminal defense lawyers near you. Aggravated assault is a crime of violence. 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. Serious bodily injury causes severe and permanent or lasting impairment to any part of the body. (b) When the victim is physically helpless to resist. You're all set! Jan. 1, 2018. 1992, 254:7. 2008, 334:8, eff. You can explore additional available newsletters here. 1992, 254:3-5. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. 2003, 226:1, 2. 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. 1999, 177:2. 1983, 338:1. 1993, 95:1, 3, eff. 2010, 223:1. 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 2012, 105:1. (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. IV. Source. 1993, 138:1. 2008, 334:9. 2017, 90:5, eff. The 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 ). 2006, 327:15, 16, 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. Source. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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