Simone Lawson
In New Hampshire, assault is defined as causing physical harm or unpermitted contact with another person. Assault crimes range from misdemeanors to felonies, with penalties varying from fines to life imprisonment. Workplace harassment and discrimination are also illegal in New Hampshire, with employees facing individual liability for their actions. The state's Law Against Discrimination prohibits employers from discriminating based on age, sex, race, religion, and other protected characteristics. Employees have the right to speak out against illegal practices without retaliation, and employers are responsible for creating a culture that does not tolerate harassment and discrimination.
| Characteristics | Values |
|---|---|
| Assault definition | Causing physical harm or unprivileged contact with another person |
| Assault crimes | Start as misdemeanors but increase to felonies when the level or risk of harm increases, a weapon is involved, or the victim is a child |
| Unprivileged contact | Any contact not permitted by law or consent, e.g., shoving, slapping, hair pulling, grabbing someone's wrists |
| Bodily injuries | Physical injury or pain that doesn't rise to the level of serious bodily injuries, e.g., bruises, scratches, abrasions, sprains |
| Serious bodily injury | Any harm to the body that causes severe, permanent, or protracted injuries or impairment to another's health |
| Simple assault | The least serious form of assault, charged as a Class B or Class A misdemeanor |
| Class A misdemeanor | Up to one year in jail and a $2,000 fine |
| Class B misdemeanor | Maximum fine of $1,200 |
| Second-degree assault | The second most serious type of assault, involving reckless behavior or the use of a deadly weapon |
| First-degree assault | The most serious type of assault, involving serious bodily injury, the use of a deadly weapon, or injury resulting in miscarriage or stillbirth |
| Aggravated assault | A crime of physically attacking another person that results in serious bodily harm and/or is made with malicious intent |
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Simple assault
A person commits simple assault if they:
- Knowingly or purposely cause bodily injury or unprivileged physical contact to another person.
- Act recklessly, causing bodily injury to another person.
- Act negligently, causing bodily injury to another person through the use of a deadly weapon.
Defences to a simple assault charge include lack of intent, particularly if the incident resulted from an accident or misunderstanding. Since New Hampshire law differentiates between knowing, reckless, and negligent conduct, the defence may argue that the defendant's actions did not meet the criminal liability threshold. For example, contact during a crowded event or sports activity may not constitute assault.
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Second-degree assault
- Knowingly or recklessly cause serious bodily injury to another person. This could be done with or without a deadly weapon.
- Cause bodily injury to a child under 13 years old.
- Cause injury to a woman resulting in miscarriage or stillbirth.
- Act under circumstances showing extreme indifference to human life.
Defenses against a second-degree assault charge may include demonstrating that any physical action was taken in self-defense or arguing that the alleged victim was being verbally abusive, to the extent that a reasonable person would have been pushed to the point of assault.
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First-degree assault
To be convicted of first-degree assault, it must be proven that the defendant acted knowingly or purposely. This means that the injury was not caused by an accident or reckless behaviour. The degree of premeditation can influence sentencing, with evidence of a deliberate attack leading to a more severe legal response. If the assault involved stalking or repeated threats, prosecutors may argue that the defendant exhibited escalating violence. The use of excessive brutality can further aggravate the charge.
The identity of the victim can also lead to harsher sentencing. For example, assaults against law enforcement officers, firefighters, emergency medical personnel, or other public officials performing their duties are treated with heightened seriousness. Similar considerations apply when the victim is a minor or elderly, particularly if the defendant was in a position of authority or trust.
A conviction for first-degree assault can result in significant prison time, typically ranging from 7.5 to 15 years. However, if aggravating factors are present, the court may impose an extended sentence. For instance, if the assault was committed with a firearm, the sentence can be up to 20 years. The penalty further increases to 25 years to life if the victim is a child under 13 and the assault results in likely permanent brain damage or physical disability.
In addition to prison time, a first-degree assault conviction carries long-term repercussions. It results in restrictions on firearm possession, impacting individuals in professions requiring firearm access. It also leaves a permanent mark on an individual's criminal record, which can affect employment, housing, and professional licensing. Furthermore, first-degree assault is not eligible for annulment or expungement, meaning the conviction remains indefinitely.
Financial penalties are also imposed, including fines up to $4,000. Courts may also order restitution, requiring the defendant to compensate the victim for medical expenses, lost wages, and other damages. Additionally, a specific fine of $50 is levied for each conviction recorded as "first-degree assault-domestic violence".
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Aggravated assault
In New Hampshire, assault is defined as causing physical harm or unprivileged contact with another person. Assault crimes start as misdemeanors but increase to felonies when the level or risk of harm increases, a weapon is involved, or the victim is a child.
In New Hampshire, a simple assault can be charged as a Class B or Class A misdemeanor. The difference between the two is that a Class A misdemeanor carries the possibility of jail time, up to 12 months in the house of correction for each count. Second-degree assault is the next most serious level of assault in New Hampshire. A person convicted of second-degree assault faces penalties for a Class B felony, with a maximum penalty of seven years of incarceration. This penalty increases to 20 years if the defendant used a firearm in the offense.
First-degree assault is the most serious type of assault and is committed by:
- Purposely causing serious bodily injury to another
- Knowingly or recklessly causing serious bodily injury to a child younger than 13
- Purposely or knowingly causing bodily injury using a deadly weapon
- Purposely or knowingly causing injuries to another resulting in miscarriage or stillbirth
Examples of circumstances that would likely lead to aggravated assault charges include:
- A man jumping out and dragging a woman into the bushes and ripping her clothes, indicating intent to rape
- A nurse in a nursing home facility fondling an elderly patient, in states with statutes to protect elderly or mentally ill patients against violence by caregivers
- A couple gets into an argument, and one partner smashes a glass beer bottle over the other's head, knocking them unconscious and causing a cut to the head
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Mutual combat
The legality of mutual combat varies across the United States, with most states treating it as assault, regardless of consent. In some states, mutual combat is a legal grey area, with certain conditions in place. For instance, in Washington, if two adults mutually agree to fight, they may not face criminal charges as long as no deadly weapon is involved and the fight does not cause a public disturbance.
In New Hampshire (NH), mutual combat is a valid defense against simple assault charges. If the defendant is found guilty of mutual combat, it is considered a non-criminal violation. However, the prosecution can also charge both parties with mutual combat from the outset, instead of simple assault.
It is important to note that even in states that allow mutual combat, there are legal limitations. For example, in Texas, while verbal consent is required from both parties, the fight must not involve serious bodily harm, and weapons are strictly prohibited. If the fight escalates beyond these legal boundaries, participants can still face criminal charges.
In summary, mutual combat laws in the United States vary from state to state, with some explicitly banning the practice, while others have legal provisions that allow it under specific conditions. While New Hampshire recognizes mutual combat as a defense, individuals should be mindful of the potential legal consequences and limitations associated with engaging in physical altercations.
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Frequently asked questions
Assault in New Hampshire is defined as causing physical harm or unprivileged contact with another person. Unprivileged contact includes shoving, slapping, hair-pulling, and grabbing. Assault crimes start as misdemeanors but become felonies when the level of harm increases, a weapon is involved, or the victim is a child. First-degree assault, which carries class A felony penalties of up to 15 years in prison, includes acts such as punching or kicking a pregnant woman in the stomach, causing her to miscarry.
Workplace harassment in New Hampshire includes any form of discrimination or retaliation against employees who engage in protected conduct. The New Hampshire Supreme Court has held that individual employees can be held personally liable for unlawful discriminatory practices. Protected characteristics include age, sex, race, creed, color, marital status, familial status, sexual orientation, physical or mental disability, national origin, and military status.
In New Hampshire, the deadline for filing a workplace harassment claim under state law is 180 days from the last act of harassment, and 300 days under federal law.
Unlawful conduct in the workplace includes sexual harassment, discrimination based on protected characteristics, wrongful termination, and invading privacy.
