Assault Charge

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Nashua Assault Lawyers

Level of Assault Charges in New Hampshire

Assault is a serious criminal accusation that can lead to years in prison and thousands in fines. Merely touching someone's body without consent can be considered assault, as well as hitting, poking, or pushing another. If you are facing assault charges, your rights and liberty are in jeopardy, and you will need an experienced attorney to defend you.

Assault charges include:

  • Simple Assault
  • First Degree Assault
  • Second Degree Assault

One of many examples of our firm’s successes for our clients involves a case in October of 2016, when Attorney Fricano successfully defended a client who was accused of second degree assault. After deliberating for about two hours, the jury returned a finding of not guilty. Attorney Fricano successfully argued that his client acted in self-defense, and he can similarly evaluate your case to determine your potential avenues of defense.

With over 25 years of experience and a former prosecutor on our team, Fricano&Weber P.L.L.C. can put up a strong fight for you in court. Schedule an initial consultation online or at (603) 823-3314 to get started on your defense today.

Understanding Simple Assault in NH: Legal Insights

Simple assault is the lowest level of assault charge and are generally considered misdemeanors. According to New Hampshire law, a person commits the crime of simple assault when they:

  • purposely or knowingly cause bodily injury (e.g., a bruise) or use physical contact (e.g. kicking) on another person without consent;
  • recklessly cause bodily injury to someone;
  • negligently cause bodily injury to someone by using a deadly weapon.

Note that in the context of simple assault law, an individual acts purposely when they intend to cause a particular result or engage in a particular conduct, and they act knowingly when they are aware of the nature of their conduct. For example, an individual could be accused of simple assault if they intentionally strike another.

Simple assault is a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2,000. Simple assault during mutual combat, however, is a special situation punishable by a fine of $1,000.

Felony Assault: First and Second Degree Charges in NH

In more serious circumstances, assault could be charged at the felony level, such as with first or second degree assault.

First degree assault is when a person:

  • causes serious bodily injury to another; or
  • purposefully or knowingly causes bodily injury to another by means of a deadly weapon.

First degree assault is a Class A felony punishable by up to 15 years in prison and a fine of up to $4,000. It is a charge not to be taken lightly.

Similarly, second degree assault occurs when a person:

  • knowingly or recklessly causes serious bodily injury to another;
  • recklessly causes bodily injury by means of a deadly weapon;
  • purposefully or knowingly engages in the strangulation of another person;
  • recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or
  • knowingly or recklessly causes serious bodily injury to a person under age 13.

Second degree assault is charged as a Class B felony that carries up to seven years in prison and a fine of up to $4,000.


How to Beat a Simple Assault Charge

If you are facing a simple assault charge, several defenses may be available to you. Here are some of the most common defenses for simple assault charges in New Hampshire:

  • Self-defense: If you acted in self-defense, it can be a valid defense to a simple assault charge. This defense relies on the argument that you used reasonable force to protect yourself from harm.
  • Defense of others: If you acted to defend others, it can be a valid defense to a simple assault charge. This defense relies on the argument that you used reasonable force to protect another person from harm.
  • Lack of intent: If you did not intend to cause bodily injury to another person, it may be possible to argue that you should not be convicted of a simple assault charge.
  • Consent: If the alleged victim consented to the physical contact that led to the simple assault charge, it may be possible to argue that you should not be convicted.
  • False accusations: If the alleged victim falsely accused you of simple assault, it may be possible to argue that you should not be convicted.

It's important to note that each case is unique, and the specific facts of your case will determine the best defense strategy. An experienced Nashua assault attorney can help you develop a defense strategy tailored to your case.

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