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. 625:11, 631:3.). 1979, 126:1. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 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. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. 1, eff. Source. 2021, 130:1, eff. Disclaimer: These codes may not be the most recent version. A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. 2003, 226:1, 2.        1998, 240:2. Section: 631:3 Reckless Conduct. Editors note: This story includes descriptions of sexual violence. 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 2006, 327:15, 16, eff. Visit our attorney directory to find a lawyer near you who can help. 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. 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 Jan. 1, 2018. WebTable 4. 631:2-a, 631:3, 651:2.). 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. You're all set! 1971, 518:1. 1994, 18:1, eff. 2010, 223:2. Learn more about FindLaws newsletters, including our terms of use and privacy policy. To rise to the level of aggravated assault, most often the harm must be permanent, life-threatening, or substantial enough to cause long-lasting pain or require numerous stitches, a cast, or surgery. Dennis Reed, 78, is 2018, 159:1, eff. 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. 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. 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). Support more than 600 local businesses in Andover, Lawrence, and North Andover, Massachusetts, impacted by the gas disaster. Jan. 1, 2004. 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. 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. 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. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. You're all set! Section: 631:4 Criminal 1992, 254:6. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. 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. 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. 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. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 1986, 132:1. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. Sept. 18, 2020; 25:12, eff. Web28 Middle, Keene, NH 03431 . 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.". 651:6, 193-D:1.). (N.H. Rev. Sorry, there are no recent results for popular commented articles. 1985, 228:5. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in N.H. Rev. Simple assault and recklessly placing another in danger are misdemeanors, punishable by up to one year in jail, a fine of up to $2,000, or both. The attorney listings on this site are paid attorney advertising. 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. Jan. 1, 2021. 2002, 226:1. Source. Source. Get free summaries of new opinions delivered to your inbox! 1990, 95:3. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. 2003, 226:3, 4. Engaging in sexual penetration with another person when: Ways to commit sexual assault without penetration: Sexual contact: The intentional touching (whether directly, through clothing, or otherwise) of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks.        In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. 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. 1993, 138:1. Class A felonies include murder, manslaughter, kidnapping, assault resulting in serious bodily injury, theft of property valued at $1,000 or more, sex crimes, and drug crimes. 1998, 240:2. Jan. 1, 2011. (2) the actor is related by blood or affinity to the victim. 2003, 226:1, 2, eff. Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. 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 WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. Jan. 1, 2021. WebIV. New Hampshire may have more current or accurate information. 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 Stay up-to-date with how the law affects your life. 1998, 240:2.        Jan. 1, 2021. 2014, 152:2. 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. Section: 632-A:3 Felonious Sexual Assault. The survivor disclosed the abuse when she was 29 years old. 2014, 152:7, eff. You're all set! 3 The violent crime figures include the offenses of murder, rape (revised definition), robbery, and aggravated assault. 1971, 518:1. In New Hampshire, a person can also commit the crime of simple assault by recklessly causing bodily injury to another. Many attorneys offer free consultations. Timothy Sullivan, Senior Assistant Attorney General Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. The verdict came following a 12-day           WebIn August 2019, Manson, 52, allegedly assaulted a woman during a concert in Gilford, New Hampshire. 2006, 162:1. Jan. 1, 2018. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. 1975, 302:1. (i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist. In determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse, circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record and, in some situations, the victim's background or relationship to the defendant. 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. You have permission to edit this article. Jan. 1, 1989.     Anyone who was physically or sexually assaulted or abused at the YDC is encouraged to contact their local crisis center.           You can explore additional available newsletters here. 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. You could face a lengthy prison sentence and the stigma of being a convicted felon. 2021, 206:2, Pt. Section: 631:2 Second Degree Assault. April 27, 1990. 1996, 5:1. 1981, 415:2, 3. (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. Low 33F. 1988, 257:2, eff. Name 2014, 151:2, 3, eff. 1971, 518:1. 1991, 75:1. Chance of rain 100%. The aggravated assault charge can go in several Class A felonies are more serious crimes than B felonies. Section: 632-A:10-d Female Genital Mutilation. 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. While states define and penalize aggravated assault differently, most punish these crimes based on the level of harm threatened or inflicted, whether a weapon was involved, and who the victim was. Threatening violence against someone while concealing one's identity. 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. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. Stat. III. 1997, 220:3. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. Striking or threatening to strike a person with a knife, bat, or metal bar. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). Jan. 1, 2017. (N.H. Rev. 1997, 220:2. WebNew Hampshire residents may request arrest records in two ways. Source.        WebSexual Assault Protocol - Attorney General Of New Hampshire Timothy.sullivan@doj.nh.gov | 603-271-3671 (b) When the victim is physically helpless to resist. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. 2020, 25:1, 2, eff. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. 1994, 187:1. 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. Jan. 1, 2015. 2014, 152:4, eff. New Hampshire may have more current or accurate information. Family and household members include spouses, ex-spouses, people who live together or who have lived together, people who are dating or who have dated, and people related by blood or marriage (other than minor children). First, they can contact the New Hampshire State Police at (603) 223-3856. WebDuring the week of January 17th, 2021, members of New Hampshire State Police Troop D initiated an investigation of an alleged sexual assault occurring within the town of Jan. 1, 2009. 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. Crisis center advocates are available across New Hampshire to provide free and confidential support to anyone impacted by sexual violence. 1994, 185:2. Winds SE at 5 to 10 mph. 626:2, 631:2-a.). 1985, 228:4. | Last updated June 20, 2016. Use our free directory to instantly connect with verified Aggravated Assault attorneys. 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