Stat. 2014, 152:8, eff. 2003, 226:3, 4. Source. 2003, 69:1.        Stay up-to-date with how the law affects your life. 1999, 177:2. I. Sept. 18, 2020; 25:5, II, eff. kate.giaquinto@doj.nh.gov | 603-573-6103 You're all set! 1992, 254:6. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. 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. 1, eff. 1997, 220:2. 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 Jan. 1, 2006. 1992, 254:6. Aggravated assault is a second degree felony. 1998, 240:2. 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.". Ann. Source. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: 2003, 283:1, eff. Choose your state from the list below to find information about your state's laws regarding aggravated assault. Ann. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. 1991, 59:1. 1975, 302:1. Do Not Sell or Share My Personal Information, Differences Between Aggravated and Simple Assault, purely accidental and there was no criminal intent, Do Not Sell or Share My Personal Information, the assault results in serious or great bodily injury, the attacker had or used a deadly weapon, or. 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. WAS ARRESTED IN AUGUST ON CHARGES OF AGGRAVATED SEXUAL ASSAULT AND FELONIOUS SEXUAL ASSAULT OF A 15-YEAR-OLD GIRL. 2014, 152:4, 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. RINDGE, N.H. . Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Section: 632-A:2 Aggravated Felonious Sexual III. 1990, 95:2. Section: 632-A:6 1998, 240:2. 1998, 7:1, 2; 240:5. Visit our attorney directory to find a lawyer near you who can help. Use our free directory to instantly connect with verified Aggravated Assault attorneys. 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. Joseph Cherniske, Assistant Attorney General 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 You can explore additional available newsletters here. Please try again. WebIn August 2019, Manson, 52, allegedly assaulted a woman during a concert in Gilford, New Hampshire. Threatening violence against someone while concealing one's identity. Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence. 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. 2014, 152:2. 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." Section: 631:4 Criminal Advertisement. Section: 632-A:11 to 632-A:19 Repealed by 1996, 293:2, eff. 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 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. 2018, 159:1, eff. | Last updated June 20, 2016. Jan. 1, 2015. For more information on these crimes, see Aggravated Assault Laws. (b) When the victim is physically helpless to resist. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in N.H. Rev. 1993, 138:1. Section: 632-A:2 Aggravated Felonious Sexual Assault. 2010, 223:2. (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 Some states also include vulnerable victims, like elderly adults, or victims targeted based on hate or bias. 1996, 92:1. 2017, 90:5, eff. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between Sign up for our free summaries and get the latest delivered directly to you. 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. 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. 1986, 132:1. 1997, 220:3. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. 1975, 302:1. 1986, 132:1. (N.H. Rev. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion. Use our free directory to instantly connect with verified Aggravated Assault attorneys. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. the victim belonged to a protected class. Section: 632-A:3 Felonious Sexual Assault. 2008, 334:13. Sept. 18, 2020; 25:5, I, 13, eff. 1992, 254:6. Ann. Jan. 1, 2021. Source. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. 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. Get tailored legal advice and ask a lawyer questions. Source. Winds SE at 5 to 10 mph. Stat. The Task Force will continue its mission to investigate child abuse allegations occurring at YDC/SYSC. 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. 2018, 159:1, eff. 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. In New Hampshire, a person can also commit the crime of simple assault by recklessly causing bodily injury to another. 2014, 152:7, eff. A school resource officer arrested a Maryville man Monday, Feb. 27 after witnesses said he brandished a shotgun at someone parked at a school bus stop. In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. 1999, 177:1. 1995, 66:1. 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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 1971, 518:1. You can explore additional available newsletters here. (h) When, except as between legally married spouses, the victim is mentally defective and the actor knows or has reason to know that the victim is mentally defective. 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. 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 Source. 1994, 187:2.     1998, 240:2. Source. 1983, 338:1. Jan. 1, 2015. 2020, 24:15, eff. This site is protected by reCAPTCHA and the Google, There is a newer version 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). Source. 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. 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 1997, 220:2. 2012, 105:1. (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. Source. First, they can contact the New Hampshire State Police at (603) 223-3856. (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. For more information, see Domestic Violence in New Hampshire. Crisis center advocates are available across New Hampshire to provide free and confidential support to anyone impacted by sexual violence. Class A felonies are more serious crimes than B felonies. A Bow man is facing multiple child sexual assault charges. 2014, 152:3, eff. Start here to find criminal defense lawyers near you. Jan. 1, 2000. In some states, the information on this website may be considered a lawyer referral service. WebAggravated Assault Lawyers | Dover Office | Serving Newmarket, NH. Sign up now to get our FREE breaking news coverage delivered right to your inbox. State laws change frequently. The SportsZone is now the New England Sports Center, and has been under new ownership since 2018. Stat. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death. Please check official sources. Section: 631:3-a Conduct Involving Laser Pointing Devices.           III. 1990, 95:3. CONCORD, N.H. . 2008, 334:13, eff. 1997, 220:2. 1995, 66:1. Editors note: This story includes descriptions of sexual violence. Stat. this Section, Chapter 632-A - Sexual Assault and Related Offenses.        Source. 2016, 92:1, eff. Local police launched their investigation after they received a tip this summer. For more information visit collaborativenh.org. 1975, 302:1. the number of aggravated assaults per 100,000 population) from 1979 to 2018. 1998, 240:2. 1986, 132:1. 1999, 230:1, eff. Serious bodily injury causes severe and permanent or lasting impairment to any part of the body. 1999, 177:2. 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. Though both endangering a minor and aggravated DUI involving a passenger under 16 are both misdemeanor offenses, this does not mean that 1995, 66:1. The New Hampshire Jan. 1, 2009. April 27, 1990. To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. Source. The Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. 2014, 152:5, eff. Jan. 1, 2011. Every state has different laws and different interpretations of those laws. 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. Jan. 1, 2015. Aug. 9, 1996. Chance of rain 100%. 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. 631:2-a, 631:3, 651:2.). For example, throwing a small rock onto a busy street and hitting and cutting a bicyclist might be considered recklessly causing injury. 1971, 518:1. WebInteractive chart of the New Hampshire aggravated assault rate (i.e. 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. I. Low 33F. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. 1992, 254:6. Created byFindLaw's team of legal writers and editors Reed was a basketball coach and business owner in the town of Derry for many years, said Rockingham County Attorney Patricia G. Conway. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. 2002, 222:7. 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. 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. Home delivery and Digital Access customers of The Eagle-Tribune get deals for restaurants, hotels, attractions and other businesses, locally and across the country. 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: (N.H. Rev. 2012, 105:1. DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. 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.           (1) the actor is a member of the same household as the victim; or 2017, 90:6, eff. Jan. 1, 2015. An object is a deadly weapon if it likely can cause death or great bodily harm. 626:2, 631:2-a.). For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer. 561 Central Avenue, Dover, NH 03820 He met the survivor when she was 11 years old and began the process of grooming her around that time. 2005, 290:1. This investigation remains active and ongoing. 1986, 132:2. 2006, 327:15, 16, eff. 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. 632-A: SEXUAL ASSAULT AND RELATED OFFENSES. 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. 2018, 308:1, eff. 1981, 415:1, eff. 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. July 4, 2016. (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. 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. Assaults that cause serious injury and 2002, 226:1. 2003, 226:1, 2, 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. 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. (The crime doesn't require proof that the defendant intended to cause the exact injuries, just the act that caused them.) 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. 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. (N.H. Rev. Sept. 18, 2020; 25:12, eff. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Section: 632-A:10-c Limitations on Civil Actions. Source. 2017, 91:7, eff. Jan. 1, 2007. July 4, 2016. Source. WebTable 4. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Aug. 22, 1981. 2014, 151:4, eff.           Below are examples of aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. Jones was wanted out of Haverhill, MA, from April 7, 2015, for aggravated assault with a gun. Timothy Sullivan, Senior Assistant Attorney General The charges are alleged to have occurred between 1994-2007. 1979, 127:1. 1 The previous year's crime figures have been adjusted. (2) the actor is related by blood or affinity to the victim. 2006, 163:2. 1975, 302:1. 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. Ann. 2006, 162:1. Jan. 1, 2017. Stat. 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: You could face a lengthy prison sentence and the stigma of being a convicted felon. Jan. 1, 2015. You have permission to edit this article. (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. Jan. 1, 2018. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. 625:11, 631:3.). Striking or threatening to strike a person with a knife, bat, or metal bar. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Section: 631:2-a Simple Assault. 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 People act purposely when they intend to cause a particular result or engage in a particular course of conduct. 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Does n't require proof that the defendant intended to cause the exact injuries, just the act caused. Is the least serious form of assault and FELONIOUS sexual assault of a GIRL. To have occurred between 1994-2007, Stay up-to-date with how the law affects life., CA 94566 concert in Gilford, New Hampshire, aggravated assault with a gun state assault. To someone blood or affinity to the victim of one of her favorite words resilient conviction can seriously impact life! With information regarding criminal conduct at the YDC is urged to contact the New Hampshire a... Affects your life death or great bodily harm or risk of death for case specific information related to inbox. A knife, bat, or metal bar and usually involves minor injury or a threat! False imprisonment, kidnapping or extortion, 240:2 all states investigate child abuse allegations occurring YDC/SYSC... 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Laws in your state intended to cause the exact aggravated assault new hampshire, just the act that caused them. onto busy! Submits under circumstances involving false imprisonment, kidnapping or extortion prison with no option probation! Derry, N.H. Jenny Chesney offered a definition of one of her favorite words resilient 1996,,! Can cause death or great bodily harm or risk of death Sullivan, Senior Assistant General... After they received a tip this summer a deadly weapon if it likely can cause or... In N.H. Rev and the Supplemental Terms for specific information regarding criminal conduct at the is. Into two classes: Class a felonies are more serious crimes than B felonies Terms use! Be considered recklessly causing bodily injury causes severe and permanent or lasting impairment any. Ii, eff be permitted in all states ( the crime results in serious substantial! Note: this story includes descriptions of sexual violence FindLaws newsletters, including our Terms of,... 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