New Hampshire Assault Lawyer
Under New Hampshire law, assault is a criminal offense. A “simple assault” is usually charged as a Class A misdemeanor. Higher classifications of assault include Second Degree Assault, which is a Class B Felony, and First Degree Assault, which is a Class A Felony.
Felony assault convictions lead to the most severe penalties; these often are upgraded to felony charges due to use of a firearm or other deadly weapon, the extent of injuries to the alleged victim, or the age of the alleged victim. A Class B felony is punishable by 3 ½ to 7 years in the state prison and a $4,000 fine; A Class A Felony is punishable by 7 ½ to 15 years in the state prison and a $4,000 fine making it important that a defense lawyer in New Hampshire is consulted.
It is common to see a prosecutor add other charges in an assault case. The more serious the charge is, the more likely it is that the prosecutor will tack on additional charges. These are often charges of “reckless conduct”, “criminal threatening”, “obstructing the report of a crime”, and “disorderly conduct”.
An experienced New Hampshire assault lawyer will be able to analyze and review your charges with you to determine if actual separate crimes are alleged against you or perhaps whether the prosecution may be encroaching on your Constitutional rights, such as the right to be free from double jeopardy.
“Domestic Assault” is usually charged as a Class A misdemeanor, and charged as “simple assault: domestic violence related”. Many domestic assault charges begin with a 911 call to the police from a spouse or partner who is angry, intoxicated or both.
Often the person who reports the alleged assault almost immediately regrets it once the person see the “wheels of justice” begin to roll over the accused. A domestic assault charge under these circumstances can be life-changing for both the accused and the alleged victim making contact with an assault lawyer in New Hampshire extremely important.
When a domestic assault is alleged, the accused is arraigned in court quickly and a “Criminal Bail Protective Order” (“CBPO”) is issued by the court at arraignment. The Criminal Bail Protective Order typically orders the accused to stay away from the alleged victim and to turn his or her firearms into the local police department until the case is over.
It is important to understand the criminal bail protective order thoroughly, as any violation of it can cause immediate and severe legal problems.
Simple Assault Charges
A Class A Misdemeanor simple assault charge in New Hampshire can lead to a maximum sentence of one year in jail and a $2,000.00 fine. Even if no jail time is imposed, a conviction for assault under certain circumstances can cause the accused to lose his right to carry or even possess a firearm, can cause deportation proceedings against a non-citizen, and other serious legal consequences. As a result, it is imperative to seek the legal counsel of an assault attorney in New Hampshire as soon as possible.
Contact an Assault Defense Lawyer Today
It is important for anyone charged with an assault to speak with a knowledgeable New Hampshire assault lawyer as quickly as possible so that the attorney can provide guidance on how to proceed to work toward the most favorable outcome, as well as to explain and address the oppressive bail conditions that are often ordered.
Attorney Mark Stevens has represented clients charged with assault crimes in New Hampshire since 2000, and provides a free initial consultation.