Best Assault & Battery Lawyers in New Hampshire

About Assault & Battery Law in New Hampshire, United States

Assault and battery are criminal offenses in New Hampshire that involve harm or threats of harm to another person. In this state, the law distinguishes between different degrees of assault based on the severity of the act and the offender's intent. Although "battery" is commonly used in other states to describe physical contact, New Hampshire law uses the term "assault" for both threats and actual physical interactions. These laws are designed to protect individuals from intentional acts of violence or threats that cause fear of imminent harm.

Why You May Need a Lawyer

There are numerous situations where legal representation is crucial in assault and battery cases. If you are accused of assault, the consequences can include criminal charges, potential jail time, fines, and a lasting criminal record. It is also possible to face a civil lawsuit if the alleged victim seeks damages. Conversely, if you have been the victim of an assault, you may require a lawyer to ensure that your rights are protected, to navigate the criminal justice process, or to pursue compensation for your injuries. Even seemingly minor physical altercations or verbal threats can lead to significant legal trouble, so having a knowledgeable lawyer can help you understand your options and build a strong case.

Local Laws Overview

Assault offenses in New Hampshire are governed primarily by state statutes. The laws separate assault into different categories:

• Simple Assault: Intentionally or recklessly causing bodily injury or making physical contact that is offensive or provocative. Simple assault is generally considered a misdemeanor.
• Second Degree Assault: Causing bodily injury with a deadly weapon, or causing serious bodily injury without a weapon. This is a felony offense and carries harsher penalties.
• First Degree Assault: Purposely causing serious bodily injury to another or causing injury with extreme indifference to human life. This is a Class A felony with severe consequences.

Frequently Asked Questions

What is considered assault in New Hampshire?

Assault in New Hampshire generally includes intentionally, knowingly, or recklessly causing bodily injury to another person or making physical contact that is meant to provoke or insult.

Is there a separate charge for battery in New Hampshire?

No, New Hampshire law combines assault and battery into a single group of offenses called assault. Physical acts typically described as battery in other states are prosecuted as assault here.

Can I be charged with assault if I never actually hit someone?

Yes, attempting to cause harm or threatening imminent harm can still result in assault charges, even if no physical contact occurs.

What are the penalties for assault in New Hampshire?

Penalties vary. Simple assault is usually a misdemeanor, punishable by jail time and fines. Second and first-degree assaults are felonies with more substantial penalties, including lengthy imprisonment.

Are there defenses to assault charges?

Yes. Common defenses include self-defense, defense of others, lack of intent, or mistaken identity. A lawyer can help you determine the best defense for your case.

Can victims of assault sue for damages?

Yes, in addition to criminal charges, victims can file civil lawsuits seeking compensation for medical expenses, pain and suffering, and other damages resulting from the assault.

Is threatening someone enough to be charged with assault?

Yes, making a credible threat of imminent physical harm can qualify as assault under New Hampshire law, even without physical contact.

What should I do if I am charged with assault?

You should contact a criminal defense attorney immediately. Do not speak with police or investigators without your lawyer present. Gathering evidence and witness statements early can be crucial.

Can assault charges be expunged from my record?

In some cases, you may be eligible to have your record annulled, especially for certain misdemeanors or if charges were dismissed. A lawyer can advise you about your eligibility.

How long do prosecutors have to bring assault charges?

The statute of limitations varies: misdemeanors must typically be prosecuted within one year, while felony charges have a longer period. Consult a lawyer for specific timeframes.

Additional Resources

If you need more information or assistance regarding assault and battery in New Hampshire, you may contact:

• New Hampshire Judicial Branch
• New Hampshire Bar Association
• New Hampshire Department of Justice
• Local police departments
• Victim assistance programs
• Legal aid organizations

Next Steps

If you or someone you know is dealing with an assault case in New Hampshire, take the following steps:

• Seek immediate legal advice from a qualified attorney experienced in assault cases.
• Gather all possible evidence, including copies of police reports, medical records, photographs of injuries, and contact information for witnesses.
• Avoid discussing the incident with others or on social media, as statements may be used in court.
• Follow all court orders or bail conditions if you have been charged.
• Access support services if you are a victim, including counseling, protection orders, and victim advocacy resources.