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Stat. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Jan. 1, 2015. 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. of 1994, 185:2. 2017, 91:7, eff. (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. Rainfall near a quarter of an inch.. Cloudy with rain developing after midnight. 3 The violent crime figures include the offenses of murder, rape (revised definition), robbery, and aggravated assault. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. 631:2-b, 173-B:1.). 2003, 283:1, eff. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. WebTable 4. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. Aug. 6, 2017. (2) the actor is related by blood or affinity to the victim. The aggravated assault charge can go in several Home delivery and Digital Access customers of The Eagle-Tribune get deals for restaurants, hotels, attractions and other businesses, locally and across the country. 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 WebNew Hampshire residents may request arrest records in two ways. 1992, 71:1. 1992, 254:6. 1971, 518:1. 2015, 244:1, eff. Get tailored legal advice and ask a lawyer questions. Please check official sources. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. 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. You can explore additional available newsletters here. 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: Get free summaries of new opinions delivered to your inbox! Learn more about FindLaws newsletters, including our terms of use and privacy policy. WebIV. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in N.H. Rev. Use our free directory to instantly connect with verified Aggravated Assault attorneys. 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.". 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. The prosecution of this case would not have been possible without the commendable courage of the survivor and the tireless efforts of each of these incredible professionals working towards justice, she said. (d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future. 1981, 415:2, 3. 1995, 66:1. Disclaimer: These codes may not be the most recent version. Striking or threatening to strike a person with a knife, bat, or metal bar. 1997, 220:2. Jan. 1, 2015. Aggravated assault is a second degree felony. 625:11, 631:3.). Section: 631:3-a Conduct Involving Laser Pointing Devices. Jan. 1, 2018. Crisis center advocates are available across New Hampshire to provide free and confidential support to anyone impacted by sexual violence. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: Sept. 18, 2020; 25:5, I, 13, eff. Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence. 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. Source. IV. Class A felonies are more serious crimes than B felonies. 2020, 24:13, 14, eff. Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. Ann. 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. Simple assault charges might apply if a person threatens or causes bodily harm or moderate bodily harm, whether visible or not (such as bruising, pain, or a cut lip). Created byFindLaw's team of legal writers and editors Visit our attorney directory to find a lawyer near you who can help. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. Jan. 1, 2018. Stat. III. Granite Solutions is a reporting project focusing on mental health in New Hampshire from The Granite State News Collaborative. Jones was wanted out of Haverhill, MA, from April 7, 2015, for aggravated assault with a gun. The attorney listings on this site are paid attorney advertising. 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. Sept. 21, 2021. Section: 632-A:2 Aggravated Felonious Sexual Assault. For Immediate Release Get free summaries of new opinions delivered to your inbox! 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. Jan. 1, 2018. 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. 2021, 206:2, Pt. Get free summaries of new opinions delivered to your inbox! Section: 632-A:2 Aggravated Felonious Sexual A man from Rindge is accused of felony sexual assault. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. This site is protected by reCAPTCHA and the Google, There is a newer version Local police launched their investigation after they received a tip this summer. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 2008, 334:13. (a) Knowingly or recklessly causes serious bodily injury to another; or (b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. 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. A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. 2017, 90:6, eff. If you need an attorney, find one right now. 2017, 90:7, eff. Assaulting another with the intent to commit another. Typically, the greater the harm or threatened harm is, the greater the penalty will be. July 28, 2021, Contact: Source. A person commits the crime of recklessly placing another in danger in New Hampshire by acting in a way that places or could place another at risk of serious bodily injury. April 27, 1990. 1998, 7:1, 2; 240:5. 2008, 334:13. In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. 2008, 334:9. Many attorneys offer free consultations. 2017, 90:5, eff. 1986, 132:2. Reed was a basketball coach and business owner in the town of Derry for many years, said Rockingham County Attorney Patricia G. Conway. Normally, the judge has discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. Jan. 1, 2015. 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. 2017, 90:8, eff. 1998, 240:2. Jan. 1, 2011. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Jan. 1, 2018. 1981, 415:1, eff. Section: 632-A:11 to 632-A:19 Repealed by 1996, 293:2, eff. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Jan. 1, 2007. Source. (l) When the victim is less than 13 years of age. 2014, 152:3, eff. (The crime doesn't require proof that the defendant intended to cause the exact injuries, just the act that caused them.) Rainfall near a quarter of an inch. 2008, 334:14. (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 WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. Section: 632-A:4 Sexual Assault. Source. 2012, 105:1. July 4, 2016. 1994, 185:2. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. 1979, 126:1. WebCompare the best Aggravated Assault lawyers near Brookline, NH today. Choose your state from the list below to find information about your state's laws regarding aggravated assault. July 1, 2015. I. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. You can explore additional available newsletters here. 2003, 226:3, 4. (e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion. Advertisement. Jan. 1, 2017. 1992, 254:6. 1992, 254:3-5. Source. 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 2003, 226:1, 2, eff. The two counts of misdemeanor aggravated assault, according to police, are due to an altercation involving a videographer. June 4, 2018. 1975, 302:1. 1986, 132:1. 1975, 302:1. 2017, 90:9, eff. 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). An object is a deadly weapon if it likely can cause death or great bodily harm. 2003, 226:1, 2. Chance of rain 100%. 1994, 187:2. Jan. 1, 2006. 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. 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. Stat. Aug. 6, 2017. Jan. 1, 1989. 1981, 415:4. 2020, 24:16, eff. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. 1975, 302:1. Jan. 1, 2019. The concert took place at the Bank of New Hampshire Pavilion, and an arrest warrant was released two months later. 2006, 327:15, 16, eff. Other objects, such as rocks, bricks, or even a boot, can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death. 631:2-a, 631:3, 651:2.). Hence, Lever was also charged with 4 counts of endangering a minor. 1992, 254:6. Jan. 1, 2018. 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. 2008, 334:13, eff. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 2016, 92:1, eff. Jan. 1, 2015. That defense may take the form of showing that a weapon actually was in the victim's possession or that the victim made the first threat or struck the first blow. Section: 632-A:10-c Limitations on Civil Actions. (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength. 1971, 518:1. 2014, 152:6, eff. Failure to prove the assault or the "aggravating" elements could lead to dismissal of the charges or a reduction from aggravated to simple assault. V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under RSA 632-A:2, I (l), the judge may include in sentencing, in addition to 1985, 228:4. 2016, 59:8, eff. 1975, 302:1. 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. Every state has different laws and different interpretations of those laws. Simple assault during mutual combat is a violation, punishable by a fine of up to $1,000. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or 2014, 151:2, 3, eff. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. You have permission to edit this article. Choose Davis & Hockensmith, P.C. Otherwise, they may query the New Hampshire Department of Corrections at (603) 271-5600. Source. (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. For more information on assaults committed with a weapon, see Assault With a Deadly Weapon. You already receive all suggested Justia Opinion Summary Newsletters. Pushing someone down the stairs and causing them to break a bone. 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. You already receive all suggested Justia Opinion Summary Newsletters. Section: 632-A:10-d Female Genital Mutilation. Jan. 1, 2021. 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. Sign up for our free summaries and get the latest delivered directly to you. Section: 632-A:2 Aggravated Felonious Sexual Assault. Source. 1991, 75:1. Support more than 600 local businesses in Andover, Lawrence, and North Andover, Massachusetts, impacted by the gas disaster. Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. Source. If you are charged with a crime, a New Hampshire criminal defense attorney will be able to tell you how your case is likely to be treated in court and make the best arguments on your behalf. II. As an example, a first-time offender who hits someone in a bar fight and breaks their nose will receive a more lenient sentence than a repeat offender who attacks a police officer while resisting arrest. 1996, 5:1. Name Throwing a vase at someone or pushing another into a glass object and causing serious lacerations. June 21, 1994. 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. 2003, 226:1, 2. the number of aggravated assaults per 100,000 population) from 1979 to 2018. L ) When the actor is related by blood or affinity to the victim is less 13. 1996, 293:2, eff the violent crime figures include the offenses of,. 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