Second degree assault in New Hampshire is a class B felony under RSA 631:2 for conduct like knowingly or recklessly causing serious bodily injury, using a deadly weapon, or strangulation. A conviction can carry a prison term not exceeding seven years, longer if a firearm was involved. The exact subsection charged and the facts of the incident determine the real exposure, so identifying the specific allegation matters more than the label on the arrest report.
TL;DR:
- The prosecution must clearly prove the specific subsection of RSA 631:2 charged, including mental state, injury severity, or weapon use, to avoid harsher penalties.
- A “serious bodily injury” requires evidence of lasting harm or impairment, and whether a “deadly weapon” was involved depends on object-specific facts rather than mere assumptions.
- Sentences for second degree assault can reach up to seven years in prison, with potential increases up to 20 years if a firearm was involved, depending on case facts and judicial discretion.
- Domestic violence allegations automatically add a $50 fine and can lead to protective orders that restrict contact, firearm possession, and shared housing regardless of case outcome.
- Early evidence preservation, prompt legal consultation, and understanding the charges’ specifics are essential to shaping a successful defense strategy.
Table of Contents
- What conduct counts as second degree assault under RSA 631:2
- What ‘serious bodily injury’ and ‘deadly weapon’ mean in court
- Penalties and sentencing for a second degree assault conviction
- How second degree assault differs from simple assault
- Domestic violence recording and how protective orders interact with your case
- What to do right away if you are charged
- Annulment eligibility and long-term consequences after conviction
- What years of NH criminal defense work teach about these cases
- How Naro Law can help with your assault charge
- Sources
- FAQ
What conduct counts as second degree assault under RSA 631:2
RSA 631:2 lists several distinct ways a person can commit second degree assault, and each one requires its own proof. The statute covers:
- Knowingly or recklessly causing serious bodily injury to another person.
- Causing bodily injury to someone by means of a deadly weapon.
- Recklessly causing serious bodily injury under circumstances showing extreme indifference to human life.
- Causing bodily injury to a child under 13 under circumstances likely to produce serious injury.
- Causing injury to a pregnant woman that results in miscarriage or stillbirth.
- Strangulation, defined by the statute as applying pressure to the throat or neck, or blocking the nose or mouth, in a way that impedes breathing or blood circulation or changes a person’s voice.
- Certain injuries to specified protected workers, some of which carry effective-date limits worth confirming against the date of the alleged conduct.
Because RSA 631:2 enumerates separate theories, the prosecutor must prove the mental state tied to whichever subsection is charged. Anyone facing this charge should locate the subsection label on the charging document and bring it to an attorney before assuming the worst-case penalty applies.
What ‘serious bodily injury’ and ‘deadly weapon’ mean in court
These two phrases decide whether conduct is a felony or a misdemeanor, and RSA 625:11 defines both. “Serious bodily injury” means harm causing severe, permanent, or protracted loss of or impairment to health or bodily function. Courts weigh medical treatment records, prognosis, and any lasting functional loss more heavily than a photograph taken at the scene.
“Deadly weapon” means a firearm, knife, or any other object capable of causing death or serious bodily injury when used or threatened as intended. Whether an object qualifies is a fact-specific question, not an automatic classification based on what the item is.
Labeling an injury “serious” or an object a “deadly weapon” changes everything downstream, from how the charge is filed to how a defense attorney approaches negotiation. A case built on a bruise that healed in days looks very different from one built on documented surgery and months of physical therapy.
Penalties and sentencing for a second degree assault conviction
A class B felony conviction under RSA 631:2 carries a maximum prison term not exceeding seven years, with sentencing ranges and fine caps set out in RSA 651:2. Any sentence with a maximum of more than one year is served in state prison rather than a county facility.
If a firearm was an element of the offense, that same statute allows the maximum term to increase, potentially up to 20 years under RSA 651:2, II-g. Because that enhancement turns on the specific facts of alleged firearm possession or use, early investigation into those facts can meaningfully change the case’s trajectory.
Not every conviction results in the statutory maximum. Judges retain discretion, and outcomes often include probation, home confinement, or participation in alternative incarceration programs. The actual sentence depends on the severity of the injury, the defendant’s criminal history, whether the case resolves by plea, and the judge’s assessment of the full record.
How second degree assault differs from simple assault
Simple assault under RSA 631:2-a is a misdemeanor covering purposeful or knowing bodily injury, reckless bodily injury, or negligent injury involving a deadly weapon. Second degree assault under RSA 631:2 covers the same general territory but at a higher severity, which is what pushes a charge from misdemeanor to felony. Read more about the misdemeanor version in this breakdown of simple assault.
Prosecutors typically upgrade a charge based on a handful of recurring factors:
- The documented severity of the victim’s injury.
- Whether a weapon was allegedly used or displayed.
- The victim’s age or occupation, such as a child under 13 or a protected worker.
- Any allegation involving strangulation or impeded breathing.
Because these factors are often disputed, defense strategy frequently centers on challenging injury severity, causation, or the defendant’s actual intent at the time of the incident.
Domestic violence recording and how protective orders interact with your case
When the alleged victim and defendant have a qualifying relationship, a second degree assault charge is recorded as a domestic violence offense under RSA 631:2(III), which carries a mandatory $50 fine on top of any other penalty. That recording triggers consequences that move faster than the criminal case itself.
New Hampshire courts can issue civil protective orders that prohibit contact, exclude a defendant from a shared home, and require the relinquishment of firearms, according to the NH Judicial Branch domestic-violence protocols. These orders can be granted quickly and operate separately from the criminal charge, often before the underlying case is resolved. Violating a protective order creates its own criminal exposure and can affect bail conditions and any pending custody matters, so compliance matters even while the criminal case is still developing. More detail on how these orders work appears in this overview of domestic violence charges in New Hampshire.
What to do right away if you are charged
Someone facing a second degree assault charge should take a few concrete steps before doing anything else:
- Decline to answer police questions about the incident until an attorney is present.
- Comply fully with any bail conditions or protective orders already in place.
- Preserve text messages, photographs, medical records, and contact information for any witnesses.
- Contact a criminal defense attorney to review the exact subsection charged.
Pro Tip: Document any injuries or medical treatment within 72 hours when possible, and gather a clear chronological timeline of events for your attorney.
Defense counsel typically starts by identifying the precise subsection charged, then examines medical evidence and treatment timelines to test whether the injury actually meets the “serious bodily injury” threshold. Weapon facts get separate scrutiny, since an enhancement only applies if the object truly fits the statutory definition. Depending on what that review shows, options can range from a motion challenging the sufficiency of the evidence to a negotiated plea on a lesser charge. Readers who want a fuller walk-through of the process can see what typically happens after an assault arrest in NH. Anyone released on bail should also understand how a new arrest could affect that release, a topic covered in this guide on bond revocation risk.
Annulment eligibility and long-term consequences after conviction
A felony conviction does not have to follow someone forever, but annulment under RSA 651:5 comes with waiting periods and limits, particularly for violent offenses. Petitions are granted when a court finds that rehabilitation and the public welfare support sealing the record, though certain categories of violent crime face longer waits or outright exclusion.
Even after a sentence is complete, a conviction can limit employment and professional licensing, disqualify someone from firearm ownership, and complicate custody proceedings. Noncitizens should also be aware that a felony assault conviction can carry immigration consequences. Anyone weighing these long-term effects should talk to an attorney about annulment eligibility and the earliest date a petition could be filed.
What years of NH criminal defense work teach about these cases
Most second degree assault cases resolve well before trial, through dismissal, a negotiated plea to a lesser charge, or occasionally a trial verdict, and the outcome usually tracks the strength of the medical evidence and the specific subsection charged rather than the initial arrest report. Early documentation, quick engagement with counsel, and a clear timeline consistently shape which of those paths becomes available. Waiting to preserve evidence or to bring in an attorney narrows options that were open on day one.
— Rich
How Naro Law can help with your assault charge
Legal services for criminal defense and domestic violence defense, including second degree assault charges, are available throughout New Hampshire, often with an initial consultation to review your situation. Bring your charging documents, a timeline of events, any physical or medical evidence, and contact information for witnesses so your attorney can assess exposure quickly. Visit the criminal defense representation page to schedule a free consultation and start building your defense.
Sources
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
FAQ
How long do you go to jail for second degree assault?
A second degree assault conviction is a class B felony under RSA 631:2, carrying a maximum prison term not exceeding seven years under RSA 651:2. If a firearm was an element of the offense, that maximum can increase, potentially up to 20 years. The actual sentence depends on the injury, the defendant’s history, and how the case resolves.
Is second degree assault a serious charge?
Yes. It is charged as a class B felony rather than a misdemeanor, which means a conviction is served in state prison when the sentence exceeds one year, and it can carry lasting consequences for employment, firearm ownership, and custody matters.
Which is worse, first or second degree assault?
New Hampshire law does not use a “first degree assault” category. Assault charges in the state run from simple assault under RSA 631:2-a, a misdemeanor, up to second degree assault under RSA 631:2, a class B felony, with the more severe injuries and weapon allegations pushing a case toward the felony charge.
What is the lowest form of assault charge in NH?
Simple assault under RSA 631:2-a is the least severe assault charge in New Hampshire. It covers purposeful or knowing bodily injury, reckless injury, or negligent injury involving a deadly weapon, and is prosecuted as a misdemeanor rather than a felony.
