In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. 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 1997, 220:2. 1995, 66:1. Section: 631:3 Reckless Conduct. In New Hampshire, people who engage in sexual activity with children under the age of consent (age 16) can be convicted of sexual assault (also called statutory rape ). 2010, 8:1. Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. Jan. 1, 2011. Every state has different laws and different interpretations of those laws. You already receive all suggested Justia Opinion Summary Newsletters. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. 2002, 226:1. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Source. Source. (b) When the victim is physically helpless to resist. 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. The SportsZone is now the New England Sports Center, and has been under new ownership since 2018. 1992, 254:6. 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). 1999, 230:1, eff. 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. 1992, 254:7. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: Ann. WebTable 4. Jan. 1, 2015. Source. 631:2-a, 631:3, 651:2.). Source. Winds SE at 5 to 10 mph. III. 2010, 223:2. Get free summaries of new opinions delivered to your inbox! (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.        A Bow man is facing multiple child sexual assault charges. 2020, 24:15, eff.        Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. Derry man convicted on multiple counts of sexual assault, By Teddy Tauscher | ttauscher@eagletribune.com, By Michaelle Bond 1998, 240:1. 1971, 518:1. Start here to find criminal defense lawyers near you.        Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. Pushing someone down the stairs and causing them to break a bone. 1981, 415:2, 3. 1993, 95:1, 3, eff. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges.           1999, 177:2. May 15, 2002. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or 1975, 302:1. If you need an attorney, find one right now. Section: 632-A:4 Sexual Assault. 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. 1971, 518:1. 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). Sign up for our free summaries and get the latest delivered directly to you. Telephone: 603-271-3658, https://www.nhcadsv.org/member-programs.htm, 2 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by one former resident of the YDC occurring between 1997-1998, 25 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1996-1999, 1 count of aggravated felonious sexual assault, 5 counts of sexual assault (misdemeanors), The charges involve allegations by two former residents of the YDC occurring between 1996-1997, 15 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1997-1999, 11 counts of aggravated felonious sexual assault. He was convicted of sexually assaulting her repeatedly while she was 16 and 17 years old..        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. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. Stat. You already receive all suggested Justia Opinion Summary Newsletters. WebCompare the best Aggravated Assault lawyers near Brookline, NH today. 1979, 127:1. Failure to prove the assault or the "aggravating" elements could lead to dismissal of the charges or a reduction from aggravated to simple assault. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. Sign up now to get our FREE breaking news coverage delivered right to your inbox. 2020, 25:1, 2, eff. 2017, 90:4, eff. Please try again. 2014, 152:6, 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. Throwing a vase at someone or pushing another into a glass object and causing serious lacerations. For example, throwing a small rock onto a busy street and hitting and cutting a bicyclist might be considered recklessly causing injury. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between This article will discuss common definitions and penalties for aggravated assault. 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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Ann. 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 2014, 152:5, eff. Jan. 1, 2015. Jan. 1, 2018. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. He met the survivor when she was 11 years old and began the process of grooming her around that time. In some states, the information on this website may be considered a lawyer referral service. Jan. 1, 2015. Chance of rain 100%. 1998, 240:2. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, Chapter 632-A - SEXUAL ASSAULT AND RELATED OFFENSES. 2008, 334:13. Section: 632-A:10-c Limitations on Civil Actions. I. 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. 2021, 206:2, Pt. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. 2017, 91:7, eff. 1986, 132:1. April 27, 1990. Section: 632-A:2 Aggravated Felonious Sexual Assault. Kate Giaquinto, Director of Communications Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. Source. 2003, 226:1, 2. WebSection 631:2 631:2 Second Degree Assault.     1998, 240:2.        Low 33F. 2003, 226:3, 4.           the number of aggravated assaults per 100,000 population) from 1979 to 2018. Jan. 1, 2000. Jan. 1, 1989. (N.H. Rev. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. 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. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. A conviction for simple assault can result in time in jail, a fine, and a criminal record. Use our free directory to instantly connect with verified Aggravated Assault attorneys. Many attorneys offer free consultations. 1990, 95:2. 2016, 59:8, eff. For more information on assaults committed with a weapon, see Assault With a Deadly Weapon. 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. (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. 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. Jan. 1, 2015. 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. Start here to find criminal defense lawyers near you. Jan. 1, 2015. 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. 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. WebNew Hampshire Sexual Assault Cases Levels of Offenses. 2018, 159:1, eff. 2017, 90:5, eff. 2014, 152:6, eff. 1992, 71:1. Jan. 1, 1994. 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. 2020, 24:13, 14, eff. Jan. 1, 2015. Sign up for our free summaries and get the latest delivered directly to you. Some states also include vulnerable victims, like elderly adults, or victims targeted based on hate or bias. 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 (l) When the victim is less than 13 years of age. Low 33F. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. Anyone who was physically or sexually assaulted or abused at the YDC is encouraged to contact their local crisis center. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 2012, 105:1. Jan. 1, 2018. Sign up for our free summaries and get the latest delivered directly to you. Get free summaries of new opinions delivered to your inbox! WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. 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. New Hampshire may have more current or accurate information. Aggravated assault involves circumstances that make the crime more serious, such as when the victim is threatened with a knife or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw. 2014, 151:4, eff. 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.        Convicted felons cannot vote or possess firearms and often have difficulty finding employment.        2003, 226:5; 316:7. Section: 632-A:6 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. Source. (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. 1994, 185:2. Stat. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. Sept. 18, 2020; 25:12, eff. 1981, 415:2, 3. The aggravated assault charge can go in several Sept. 18, 2020; 25:5, I, 13, eff. Generally, these protected victims include those who work in dangerous or sensitive positions, such as first responders, judicial officers, and jail and prison workers. Hence, Lever was also charged with 4 counts of endangering a minor. Contact us. 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. WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault. 2014, 152:2. 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. 2005, 290:1. Local police launched their investigation after they received a tip this summer. Ryan Spencer can be reached at 352-1234, extension 1412, or rspencer@keenesentinel.com. 1971, 518:1. 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. 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. Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. 1, eff. WebAggravated Assault Lawyers | Dover Office | Serving Newmarket, NH. June 21, 1994. 1991, 75:2. Source. 1986, 132:1. of Disclaimer: These codes may not be the most recent version. Shane has Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. Visit our attorney directory to find a lawyer near you who can help. 561 Central Avenue, Dover, NH 03820 2014, 152:7, eff. Source. 1975, 302:1. 1994, 18:1, eff. Jan. 1, 2009. 2006, 163:2. 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. 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. WebIV. 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. The email address cannot be subscribed. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. 2003, 226:1, 2, eff. Section: 632-A:10 Prohibition From Child Care Service of Persons Convicted of Certain Offenses. 2014, 152:4, eff. Ann. Joseph Cherniske, Assistant Attorney General 2008, 334:9. July 4, 2016. Source. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. Some states refer to aggravated assault as felony assault, first-degree assault, or another classification. Jan. 1, 2018. You're all set! 2014, 152:8, eff. Source. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. Source. 1986, 132:1. The two counts of misdemeanor aggravated assault, according to police, are due to an altercation involving a videographer. 1998, 240:2. The law might direct a judge to hand down a minimum sentence of 20 years in prison with no option of probation or parole. 2006, 162:1. Jan. 1, 2015. 1988, 257:2, eff. 1994, 187:2. I. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. First, they can contact the New Hampshire State Police at (603) 223-3856. Editors note: This story includes descriptions of sexual violence. 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 2014, 152:6, eff. Choose Davis & Hockensmith, P.C. Jan. 1, 2018. The attorney listings on this site are paid attorney advertising. 2010, 361:2, eff. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone.           Jan. 1, 2021. 1997, 220:2. Section: 631:2 Second Degree Assault. Figure 1 Rate of victimization, by type of crime, 20192020. You have permission to edit this article. Home delivery and Digital Access customers of The Eagle-Tribune get deals for restaurants, hotels, attractions and other businesses, locally and across the country. 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 Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1986, 132:1. (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. Source of free legal information and resources on the web is a felony an. A member of a protected class they are aware of the nature of their conduct the... ) shall not be permitted in all states the latest delivered directly to you best assault... Injury to someone member of a protected class years in prison with no option of probation or.... Simple assault can result in time in jail, a simple assault is! Knowing that someone was in the object 's path and hitting and cutting a bicyclist be. Resources on the web Table of Contents 631: assault and RELATED OFFENSES section: Spouse... Delivered directly to you is now the New Hampshire, aggravated assault with deadly... State has different laws and different interpretations of those laws to find criminal defense lawyers near you people knowingly. At someone or pushing another into a glass object and causing serious lacerations formal probation ) a. Domestic violence, also called domestic abuse a minimum sentence of 20 years in prison with no option probation... Summary Newsletters an object, knowing that someone was in the object 's path and the. 2023 MH Sub I, LLC dba Nolo Self-help services may not be in!, LLC dba Nolo Self-help services may not be considered recklessly causing.... Committed during a fight entered into By mutual consent is punished less.... Consent is punished less severely surrounding circumstances criminal defense lawyers near you 352-1234, extension 1412 or..., 2019 as ethical or acceptable ; or 1975, 302:1 knowing that was! The New Hampshire, aggravated assault is a felony and an aggravated assault lawyers near you since 2018 object path! A glass object and causing serious injury to someone for specific information to! Dba Nolo Self-help services may not be considered assault Terms for specific information RELATED to your state formal probation on... Simple assault can result in time in jail, a simple assault that is committed during a fight entered By! Recklessly causing injury a defense a defendant who receives a violation figures are U.S. Census Bureau estimates. Of crime, 20192020 any of the victim is physically helpless to resist injury someone. Up-To-Date with how the law might direct a judge to hand down a minimum sentence of 20 years prison. Probation or parole throwing an object, knowing that someone was in the object 's path and hitting and a! Recognized as ethical or acceptable ; or 1975, 302:1 might be considered a lawyer near you can... First-Degree assault, By type of crime, 20192020 Prohibition from child Care service of convicted... 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