New Hampshire Assault with a Deadly Weapon Lawyer

Assault is a crime the justice system always takes seriously, but if the assault was carried out while using a weapon, the potential penalties can be much greater. If you are facing such a charge, seeking advice from an experienced New Hampshire assault with a deadly weapon lawyer may be beneficial to your case. An experienced assault attorney could review your charge and provide legal guidance and assistance, so contact today.

What Is Assault with a Deadly Weapon?

In New Hampshire, a person can be found guilty of assault if that person purposely causes serious bodily injury to another person. Assault charges can arise from many situations – including domestic violence, bar fights, or road rage, to name a few.

Use of a deadly weapon during an assault is one of the factors that can justify a charge of first-degree assault. This changes the charge from a misdemeanor to a felony. Being convicted of such a charge could lead to a year or more in prison.

The weapon in question does not have to be something that was specifically sold or intended to be used as a weapon, such as a gun. Under New Hampshire law, just about any item that could cause serious bodily injury or death could be a deadly weapon – a knife, a shovel, a baseball bat, or a golf club.

Rights of the Defendant in an Assault with a Deadly Weapon Case

It is important to seek advice from experienced attorneys who know New Hampshire assault laws inside and out, and who know how to advocate for a defendant’s constitutional rights—as well as the rules of criminal procedure and evidence—as forcefully as possible.

Knowledgeable attorneys will consider many factors in defending a client, including whether there were any witnesses to the alleged assault, and how sympathetic the victim might be in front of a jury. After weighing all the relevant factors, the attorney could then advise on whether the best course of action is to stand firm and try to get the charges dismissed, or agree to a plea deal.

Elements of an Assault Case

Prosecutors must prove all elements of their case beyond a reasonable doubt. Some of the key questions that must be raised are:

  • What evidence do they have that the alleged crime was carried out on purpose?
  • Is any of the testimony hearsay, which is inadmissible in court?
  • Did the police have probable cause to take the actions they took?
  • Were searches conducted in compliance with the requirements of the U.S. and the New Hampshire State Constitutions?
  • Was there any racial profiling involved?

Prosecutors will often put up a tough front at first, but when confronted with aggressive advocates, they may show a willingness to cut a deal.

To successfully defend against criminal charges, a defendant often needs experienced counsel that can take on an opponent who has the extensive resources of the state behind them. Police forces and prosecutors do make mistakes occasionally, so it is important that all persons charged with assault with a deadly weapon in New Hampshire retain a dedicated legal advocate.

How a New Hampshire Assault Attorney Can Help

A criminal defendant is guaranteed the presumption of innocence until otherwise proven guilty. Individuals do not have to prove they did not commit the crime; the burden of proof is on the state. A New Hampshire assault with a deadly weapon lawyer could listen to your story without judgment and help you communicate it effectively in court.

It is crucial for all those charged with any crime to receive the protections they are entitled to under the Constitution and any other applicable laws. If you are facing charges of assault with a deadly weapon, contact an assault with a deadly weapon attorney in New Hampshire today.