Assault Offenses

New Hampshire laws define several types of assault offenses that carry a variety of punishments. Assault charges can arise from a broad range of incidents, from domestic violence between two well-acquainted people to shooting, punching and stabbing incidents in alleyways and bars. Regardless of the circumstances of your assault and battery charges, the law firm of Moir Law, PLLC, can provide effective and aggressive legal assistance.

The following are the New Hampshire Statutes that define the varieties of assault charges one can face:

631:1 First Degree Assault

I. A person is guilty of a class A felony if he:

(a) Purposely causes serious bodily injury to another; or

(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or

(c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or

(d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.

II. In this section:

(a) "Miscarriage'' means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and

(b) "Stillbirth'' means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.

631:2 Second Degree Assault

I. A person is guilty of a class B felony if he or she:

(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

(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or

(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or

(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or

(f) Purposely or knowingly engages in the strangulation of another.

II. In this section:

(a) "Miscarriage'' means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus.

(b) "Stillbirth'' means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.

(c) "Strangulation'' means the application of pressure to another person's throat or neck, or the blocking of the person's nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.

631:2-a Simple Assault

I. A person is guilty of simple assault if he:

(a) Purposely or knowingly causes bodily injury or unprivileged physical contact to another; or

(b) Recklessly causes bodily injury to another; or

(c) Negligently causes bodily injury to another by means of a deadly weapon.

II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.