Schedule Your Free Consult

Defending Your Rights Against Violent and Sex Crime Charges in New Hampshire

At Naro Law, we understand the profound and far-reaching impact that accusations of violent or sex crimes can have on individuals, affecting not only their freedom but also their reputation, relationships, and opportunities. Whether you are confronting charges for assault, domestic violence, or sexual offenses, we are dedicated to delivering a defense that is both robust and carefully tailored to the unique circumstances of your case. Our commitment is to protect your constitutional rights, uphold the presumption of innocence, and work tirelessly to safeguard your future against the life-altering consequences of these serious allegations.

Schedule Your Free Consult

Assault and Battery

New Hampshire laws recognize three main types of non-sexual assault (sexual assault is considered a separate category of offense): first degree assault, second degree assault, and simple assault. The severity of offenses for assault crimes in New Hampshire can vary from a class A felony to a violation, as follows:

  • First degree assault: Class A felony (RSA 631:1)
  • Second degree assault: Class B felony (RSA 631:2)
  • Simple assault: Misdemeanor except if the assault occurs as part of a fight into which the parties entered by mutual consent, which reduces the charge to a violation (RSA 631:2-a)

Whether an alleged offense is charged as first degree assault, second degree assault, or simple assault can make an enormous difference in the consequences of a potential conviction, so it is important to understand the criteria prosecutors will use in determining which charges to file and that courts will use in assessing the defendant’s guilt or innocence based on the criteria established for that specific offense.

Factors in Determining Assault Charges

A New Hampshire criminal defense attorney with Tony Naro Law PLLC may be able to help you evaluate the applicability of the charges in light of the evidence available in your case. Generally speaking, however, state laws are written to account for the following factors in the definition of each assault crime:

  • The degree of purpose or deliberation with which the defendant is alleged to have acted
  • Whether the assault is alleged to have been committed with a deadly weapon
  • The extent of bodily harm the victim is alleged to have sustained
  • The age of the alleged victim

If the alleged victim is shown, during the course of the investigation and court proceedings, to have a family or intimate relationship to the defendant, then the qualifier “- domestic violence” will be added to the charge upon conviction, e.g., “simple assault – domestic violence,” and an additional fee will be added to whatever sentence is handed down by the court.

First degree assault is the most severe type of assault crime under New Hampshire’s laws. As with any assault crime, first degree assault will always involve an allegation of harm inflicted on another purpose. The degree of deliberation the prosecution will need to prove in order to secure a conviction for first degree assault can vary, depending on the degree of harm alleged, as well as to whom and by what means the defendant is alleged to have inflicted injuries.

The prosecution must prove both that the defendant’s actions were committed purposely and that these actions resulted in “serious” bodily injury if:

  • The alleged victim was at least 13 years of age at the time the assault is alleged to have taken place
  • There is an allegation of injury resulting in miscarriage or stillbirth
  • Use of a deadly weapon is not a factor in the case

If any one of the above conditions does not apply, then the degree of deliberation or severity of injury the prosecution is required to prove in order to secure a conviction may be reduced.

The prosecution only needs to prove that the defendant acted “purposely or knowingly” in either of the following circumstances:

  • The defendant is alleged to have used a deadly weapon in the assault
  • The defendant’s actions caused injury that led to a miscarriage or stillbirth

A charge of first degree assault based on use of a deadly weapon will require the prosecution to show that the alleged victim sustained bodily harm, but (unlike a charge of first degree assault not involving a deadly weapon), the bodily harm need not be proven to be “serious.” For a charge of first degree assault for causing a miscarriage or stillbirth, the prosecution only needs to show that the defendant caused “injury” resulting in either stillbirth or miscarriage, and that the defendant’s actions were knowing or purposeful.

The degree of deliberation the prosecution must prove to secure a conviction for first degree assault in New Hampshire only drops to “knowingly or recklessly” if the alleged victim was less than 13 years old at the time the assault is alleged to have taken place. Although the prosecution only has to prove that the defendant’s actions were committed with knowledge or “recklessly” under the definition provided in RSA 626:2(c), the state will also have to prove that those actions resulted in “serious” bodily harm.

Generally speaking, the degree of deliberation the prosecution is required to prove in order to secure a conviction for second degree assault is lower than that required for first degree assault conviction in a case that alleges the same degree of bodily injury. However, here as with first degree assault charges, the age of the alleged victim can also impact the elements the prosecution will need to prove.

The prosecution will need to prove that the defendant acted “purposely or knowingly” to secure a conviction for second degree assault in either of the following situations:

  • The alleged victim was a child under 13 years of age at the time of the alleged incident
  • The defendant is alleged to have engaged in strangulation of another person

If the victim is a child under 13 years of age, the prosecution will need to show that the defendant’s actions were not only committed purposely or knowingly, but that they resulted in “bodily injury. However, the injury need not be “serious,” as would be required to prove a charge of first degree assault. If the charge for second degree assault is based on strangulation, the prosecution is not required to prove that the alleged victim sustained bodily injury, only that the defendant did engage in strangulation. Strangulation may raise specific sensitive concerns for some defendants, so you may wish to consider speaking with an experienced criminal defense attorney if you believe your case may involve delicate matters of a personal nature. Tony Naro Law PLLC offers fully private, confidential consultations to discuss potentially sensitive matters.

The “knowingly or recklessly” mental state only applies to a charge of second degree assault if the assault resulted in serious bodily injury and is not alleged to have involved use of a deadly weapon. Note that if prosecutors believe they can show that the defendant’s actions were committed purposely, then the same “serious bodily injury” may result in a charge for first degree assault, instead.

Prosecutors may secure a conviction for second degree assault if they can show that the defendant acted recklessly under either of the following circumstances:

  • The defendant used a deadly weapon, and his or her actions resulted in bodily injury to another person
  • The defendant’s actions resulted in bodily injury to another person, and those actions, viewed in light of their circumstances, indicated “extreme indifference” to the value of human life

Sometimes a defense attorney may be able to challenge whether the defendant’s actions meet the legal criteria for recklessness specified by RSA 626:2.

In order to obtain a conviction for first degree assault in a case involving a miscarriage or stillbirth, prosecutors must prove not only that the defendant’s actions caused injury that led to the loss of the fetus, but also that the defendant’s actions were carried out “purposely or knowingly.” That can often be a high bar to clear, and so when state prosecutors believe they have a case for showing that an individual’s actions did lead to either a stillbirth or a miscarriage, but are less confident that they can show these actions were purposeful or knowing, then they may try to achieve a conviction for second degree assault, instead. The lesser charge results in a class B felony conviction if proven, and only requires prosecutors to show that the defendant acted recklessly or negligently in causing the injury that precipitated the loss of an unborn child. Because this recklessness or negligence can sometimes be easier to prove than a more definite intent to harm, and because conviction for a class B felony is still an extremely serious matter, individuals charged with second degree assault in New Hampshire may wish to exercise their right to legal representation and schedule a conversation with an experienced criminal defense lawyer without delay.

Simple Assault

One reason why cases involving “with intent” charges often entail more severe consequences is that in many cases there are charges for additional drug-related activities, beyond simple possession, based on the same initial seizure or arrest. Most notably, there are a number of violations that may be charged for possession of drug paraphernalia; the statutory language for these charges focuses primarily on the transfer, or intent to transfer, the paraphernalia. The slightly different framing of the relationship between the accused and the item they are alleged to (illegally) have in their possession means that charges for possession of drug paraphernalia may often be charged alongside possession of the controlled substance itself when the charge includes intent to distribute the drug, but tend to be less common in combination with charges of possession for personal use.

Strangulation and Other Aggravating Factors in Assault Cases in New Hampshire

In New Hampshire, assault cases can carry significant consequences, particularly when certain aggravating factors are present. One critical factor is the method of assault—strangulation. Under state law, strangulation, as specifically defined in the statute, is treated as a felony offense due to its inherently life-threatening nature. 

Additionally, acting with a reckless disregard for the value of human life can elevate the severity of the charges. Strangulation cases are particularly prevalent in New Hampshire, and our firm has extensive experience defending clients against these serious allegations. If you are facing assault charges involving strangulation or other aggravating factors, we can guide you through the legal process.

Schedule Your Free Consult

Domestic Violence

Most instances of domestic violence that are not also charged as assault crimes under any section of RSA 631:1 or as a form of sexual assault under one or more sections of Chapter 632 are considered class A misdemeanors in New Hampshire. One exception to this general rule arises when the charge includes an allegation that the defendant used or threatened to use a deadly weapon in the commission of an act of domestic violence; in this instance, regardless of whether the offense would otherwise qualify for an assault charge under §§ 631:1-2a, a conviction will be recorded as a class B felony.

Severity of Domestic Violence Charges

Sometimes individuals facing charges for domestic violence have the mistaken impression that because domestic violence happens “at home,” or because so many cases of domestic violence are charged as misdemeanors instead of felonies, a conviction for domestic violence may not be as serious as a conviction for some other types of violent crimes. However, while it is true that the penalties applied for misdemeanor convictions are generally less severe than the sentencing that may be ordered in the case of a felony, charges for domestic violence can have a number of repercussions beyond the simple – yet serious – matter of sentencing in the event of a conviction.

Additionally, a conviction of any domestic violence charge could result in a lifetime ban on the possession of firearms and ammunition under federal law. Also, this conviction cannot be annulled from your New Hampshire criminal record for at least a decade. Finally, it’s important to note that domestic violence can include current informer romantic partners regardless of how long ago the relationship ended.

Defending Against Accusations of Domestic Violence

A history of domestic violence may be brought up in court during child custody hearings, for example – even if no child was ever the target of the alleged incident(s), an ex-partner or his or her attorney may attempt to use an individual’s prior conviction on a domestic violence charge as evidence that his or her home is not a safe place for a child. Moreover, RSA 461-A:6 allows the family court to consider “evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.” For these reasons as well as many others, it is crucial to mount an aggressive defense against false accusations of domestic violence, and to carefully evaluate all of your legal options if circumstances are such that you have to consider entering a guilty plea. If you are accused of domestic violence anywhere in the state of New Hampshire – even if you have not yet been formally charged, and perhaps not even arrested – consider taking proactive steps to protect your future by scheduling a consultation with a criminal defense attorney experienced in handling domestic violence cases without delay.

Sex Crimes

Sex crimes are notoriously difficult to try and difficult to defend. Every step of the process is fraught with both pitfalls and opportunities. In many sexual assault cases the alleged victim and the accused are personally acquainted, which can lead to a number of complicating tension and stressors. Understanding how New Hampshire categorizes the state’s various charges for sexual assault may put you in a position to understand why allegations of any criminal sexual conduct in New Hampshire must be taken seriously. To learn more, consider reaching out to a New Hampshire criminal defense lawyer with Naro Law to schedule a private consultation.

Schedule Your Free Consult

Aggravated Felonious Sexual Assault (AFSA)

The portions of New Hampshire’s Criminal Code that deal with sexual assault crimes are laid out in descending order of severity. RSA 632-A identifies a number of sex crimes and establishes the conditions under which the proscribed acts rise to the level of Aggravated Felonious Assault, New Hampshire’s most severe category of sexual assault.

Most of the sex crimes considered to be instances of aggravated felonious sexual assault under RSA 632-A:2 involve penetration, as defined by RSA 632-A:1, and in most cases a charge under 632-A:2 will allege either that the defendant used some form of physical force, threat, or coercion in committing the act, or that the defendant abused a position of power with respect to the alleged victim. Before concluding that the charges will surely not fit the circumstances of their own case, defendants charged with sexual assault in New Hampshire may wish to consider that the definition of penetration the state uses in criminal cases is somewhat broader that the way many people use the same word in the context of sex acts in casual speech. The number and type of relationships between accused and alleged victim that call for an application of the “aggravated” qualifier on top of felony sexual assault charges likewise carries a number of possible configurations whereby one individual may be in a position to take advantage of another’s willing trust or unwilling lack of options – and there are a few instances, such as those involving children under the age of 13, in which penetration is not a necessary consideration for a charge under RSA 632-A:2. Some individuals charged with violations under this section are surprised to learn that there are even some conditions in which the state of New Hampshire does not consider the consent of an alleged victim to be a valid defense. Often one of the first steps a sex crimes defense attorney will take during a new client consultation is to walk the accused individual through the charges against them and how they are applied under the law.

Defendants who are convicted of any violations of RSA 632-A:2 are subject to a minimum prison sentence of 10 years, regardless of whether the alleged act involved sexual penetration or met the criteria for RSA 632-A:2 due to abuse of a minor, abuse of authority, or incestuous felony sexual assault (New Hampshire courts record convictions for this specific violation as instances of “aggravated felonious sexual assault-domestic violence”). Two or more convictions under any portion of RSA 632-A:2 carry a mandatory sentence of lifetime imprisonment, intended to protect the public (and families) from the risks posed by repeat offenders.

Even where imprisonment beyond the minimum of 10 years is not required by law, RSA 632-A:10, II-a provides that the judge overseeing the sentence for a conviction of Aggravated Felonious Sexual Assault has the discretion to impose, separate from whatever time the convicted person may be ordered to serve in the state’s prison system, what New Hampshire calls a “special sentence” of lifetime monitoring, or “supervision,” under the auspices of the Department of Corrections. This supervision, unlike the mandatory minimum sentences for physical confinement, is subject to specific procedures by which the convicted person may petition for early release, and codified rules under which a New Hampshire court is instructed to grant the petition. 

Additionally, under AFSA sentencing, a second offense can result in a prison sentence of 20-40 years, and a 3rd offense can result in life in prison without parole. Also, under the extended term statute RSA 651:6, if an alleged victim of AFSA is under 13 years of age, a sentence of 10-30 years in prison could occur and the state could also seek a presumptive 25 years to life imprisonment for even a first offense.

Naro Law offers support for individuals navigating the petition for relief from lifetime supervision, as well as legal representation to those accused of sex crimes under RSA 632-A:2.

Felonious Sexual Assault (FSA)

The prosecution only needs to prove that the defendant acted “purposely or knowingly” in either of the following circumstances:

  • The defendant is alleged to have used a deadly weapon in the assault
  • The defendant’s actions caused injury that led to a miscarriage or stillbirth

A charge of first degree assault based on use of a deadly weapon will require the prosecution to show that the alleged victim sustained bodily harm, but (unlike a charge of first degree assault not involving a deadly weapon), the bodily harm need not be proven to be “serious.” For a charge of first degree assault for causing a miscarriage or stillbirth, the prosecution only needs to show that the defendant caused “injury” resulting in either stillbirth or miscarriage, and that the defendant’s actions were knowing or purposeful.

RSA 632-A:2 lays out the conditions under which an act constitutes aggravated felonious sexual assault; the act in question is penetration as defined by RSA 632-A:1 for most crimes covered under RSA 632-A:2. Rather than setting out a baseline set of actions that may be considered sexual assault – and that may be exacerbated by what other states sometimes call “aggravating factors,” RSA 632-A:3 imports the set of conditions that pertain to the “aggravated” felony in 632-A:2 and imports them to apply to a distinct set of action.

Whereas most acts regarded as criminal under RSA 632-A:2 involve penetration, and only in limited cases include sexual contact, RSA 632-A:3, par. I establishes that sexual contact meets the criteria for Felonious Sexual Assault whenever the contact results in “serious personal injury” to the alleged victim and any of the conditions that apply to penetration in RSA 632-A:2 are met. Par. II establishes felony charges for the penetration of a minor between 13 and 16 years of age when the accused party is not more than four years older than the alleged victim; the remaining paragraphs are applied to “sexual contact,” and generally the conditions under which sexual contact is to be considered felonious under RSA 632-A:3 are close parallels for those under which alleged penetration would be considered “aggravated” felonious sexual assault under RSA 632-A:2.

Any sexual assault charge in New Hampshire is a serious matter. Legal options for defense are likely to depend to a large extent on the strength and comprehensiveness of the prosecution’s evidence, as well as any potentially exculpatory evidence that may be available in a specific case.

Because the long-term consequences of a sex crime conviction can be both life-long and life-altering, it is important to consider visiting with a dedicated criminal defense attorney. Owing to the complexity of the factors to be considered and the high stakes of the outcome in any sexual assault case, individuals charged with sex crimes in New Hampshire should seriously consider working with an experienced criminal defense attorney as they consider their options for legal strategy, and to ensure that their legal rights remain protected.

Sexual Assault

Sexual assault may be a misdemeanor in New Hampshire under certain circumstances. This category includes sexual contact inflicted on a person over the age of 13 under the same set of circumstances carried over from RSA 632-A:2, but also applies to situations in which the alleged victim is between 13 and 16 years of age at the time of sexual contact and the difference in age between the accused is greater than four years, and to sexual penetration (rather than contact) if all of the following are true

  • None of the conditions specified in RSA 632-A:2 apply
  • The alleged victim is between 13 and 16 years of age
  • The difference in age between the accused and the alleged victims is not more than four years

Unlike many other New Hampshire sex crimes, a conviction for this latter violation – specifically, of RSA 632-A:4, par. I(c) – does not impose a requirement that the convicted person register as a sex offender. A New Hampshire criminal defense attorney may be able to help you understand whether the sex offender registry is likely to apply to a conviction in your particular circumstances.

As in 632-A:2 and 632-A:3, charges for misdemeanor sexual assault may be applied when the person accused of the assault is alleged to have abused a position of authority, in the process of committing the alleged act or acts, and the consent of the alleged victim is not considered a defense. Conviction for a violation of 632-A:4 in which the act or acts are shown to have been carried out in the context of an intimate relationship or household setting are subject to a further fine, in addition to whatever penalty may be imposed for the crime itself, of $50 per conviction, and the recordation of the conviction as “sexual assault-domestic violence.”

Schedule Your Free Consult

Indecent Exposure

Indecent exposure is considered a form of “public indecency,” as well as a sex crime, in New Hampshire. Charges of indecent exposure may result in misdemeanor or felony convictions, depending on the circumstances. Generally speaking, indecent exposure is more likely to be charged as a misdemeanor when the unwilling witness to the exposure or “gross lewdness” is over 16 years of age. Class B felony charges may apply if the allegations include exposing one’s genitals or committing related acts of “gross lewdness” in front of a minor under 16 years of age, or sending images of genitals to a recipient whom the sender can reasonably expect to be under 16 years of age. Importantly, second and subsequent convictions for indecent exposure can result in increasing severity during sentencing, whether the convictions are for misdemeanor or felony charges. An experienced New Hampshire defense attorney may be able to advise you if you are facing criminal charges for public indecency in this state.

Speak With an Experienced New Hampshire Violent and Sex Crimes Defense Attorney

Facing charges for a violent or sex crime is an incredibly serious situation with potentially life-changing consequences. At Naro Law PLLC, we understand the weight of these allegations and are committed to providing the legal defense you need. Whether you are dealing with accusations of assault, domestic violence, or sexual offenses, your constitutional right to legal representation is paramount, and we encourage you to exercise that right – regardless of whether you ultimately choose to work with our firm.

One of the most remarkable elements of the U.S. criminal justice system is the presumption of innocence. This principle ensures that anyone accused of a crime is considered innocent unless and until proven guilty in a court of law. As criminal defense attorneys, it is both our honor and responsibility to safeguard that presumption while building a strong defense on your behalf.

Accusations of sex crimes, in particular, carry unique challenges. These cases often involve societal stigma and deeply personal allegations that can impact your reputation and future even before a trial begins. False accusations in this territory demand a strategic and aggressive defense to protect your rights. At Naro Law, we thoroughly review the evidence and facts of every case to ensure that your side of the story is heard and that your constitutional rights are upheld.

Whether you are confronting charges for a violent crime, a sex crime, or even the possibility of an accusation, our team is here to support and guide you. Contact Naro Law today to schedule a confidential consultation and take the first step in protecting your rights and future.

Schedule Your Free Consult