Fricano&Weber P.L.L.C. successfully provides personalized representaion.
Fricano&Weber P.L.L.C. has over 50 years of experience defending clients in New Hampshire facing harsh accusations. Our attorneys are well-respected among the New Hampshire court system and judges, and we also have former prosecution experience on our side. If you have been charged with a crime in Nashua, you will need an experienced attorney to represent your case, especially if you seek to pursue a self-defense or alibi claim to combat charges. Our team at Fricano&Weber P.L.L.C. can help you build your defense and prepare confidently for trial.
New Hampshire’s “Stand Your Ground” Law
New Hampshire has a “stand your ground" law that addresses when and where individuals can legally use deadly force in an act of self-defense. In particular, the law allows the use of deadly force against another person if the other person is:
- about to use deadly force against the individual or someone else;
- likely to use unlawful force while committing a burglary;
- in the process of committing a kidnapping or forcible sex act;
- likely to use unlawful force while committing a felony against someone in their own home or on the surrounding property.
In the context of the law, “deadly force" refers to any force or confinement applied to another that is likely to cause death or serious bodily injury. Note that a person can use deadly force to defend themselves or third-party individuals facing the above situations both inside their home or wherever they have a legal right to be, such as streets, shops, or parking lots. Further, the “stand your ground” law does not require a person to retreat anywhere before defending themselves.
It is also legal under this statute to use non-deadly force (force that is not likely to cause death or serious bodily injury) to defend oneself or a third-party individual. However, the person employing the non-deadly force in self-defense must reasonably believe that someone else is using or is about to use illegal non-deadly force against them or the third person. An exception to this rule is if a person seeking to use non-deadly force is the initial aggressor, in which case they must make it clear to the others involved that they wish to stop the incident and withdraw before using such force.
Alibi Cases in Your Defense
Having an alibi is another important defense method in criminal cases. If a defendant seeks the defense of alibi, they must provide notice (in writing) to the state of their intention to do so:
- within 60 days if the case originated in superior court; or
- within 30 days if the case originated in circuit court-district division.
The notice of alibi should be signed by the defendant and must establish the following:
- the specific place the defendant claims to have been at the time of the alleged offense; and
- the names and addresses of the witnesses upon whom the defendant intends to rely to establish this alibi.
Within 10 days after receiving the notice of alibi from the defendant, the prosecution should furnish the defendant in writing with a list of the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant's presence at the scene of the alleged offense. If prior to or during trial, a party learns of an additional witness whose identity should have been included in the information required, the party should notify the other party of the additional witness. If individuals do not comply with this procedure, the court may exclude the testimony of any undisclosed witness offered regarding the defendant's absence from, or presence at, the scene of the alleged crime. The court may decide to waive the requirements of this rule if good cause is shown.
If you have been charged with a crime in Nashua, you have a couple different defense options depending on the circumstances of the offense. Primarily with assault or violent charges, self-defense, according to New Hampshire’s “stand your ground laws,” may be a viable defense against an alleged act of violence if you acted in such a way to protect yourself or others in harm. You could also pursue an alibi defense establishing your absence at the scene of an alleged crime. These defenses do require thorough evidence, though, and you will need an experienced legal professional to build your self-defense and alibi cases. At Fricano&Weber P.L.L.C., we have been defending clients for over 50 years. You can trust that our team has the professional experience and knowledge to handle your defense, especially in self-defense or alibi cases.
If you have been charged with a crime in Nashua, you have a couple different defense options depending on the circumstances of the offense. Primarily with assault or violent charges, self-defense, according to New Hampshire’s “stand your ground laws,” may be a viable defense against an alleged act of violence if you acted in such a way to protect yourself or others in harm. You could also pursue an alibi defense establishing your absence at the scene of an alleged crime.
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