1995, 66:1. 1975, 302:1. Winds SE at 5 to 10 mph. Section: 632-A:2 Aggravated Felonious Sexual Assault. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. Aug. 22, 1981. 1997, 220:2. New Hampshire Department of Justice33 Capitol Street | Concord, NH | 03301 WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a Threatening violence against someone while concealing one's identity. 1 The previous year's crime figures have been adjusted. 2020, 24:15, eff. 1994, 187:1. 561 Central Avenue, Dover, NH 03820 Stay up-to-date with how the law affects your life. Joseph Cherniske, Assistant Attorney General 2017, 90:9, eff. 2006, 162:1. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. Aggravated assault generally involves intentionally using or threatening to use force or violence against another and: Most states divide assault cases into degrees, such as first through third degrees, simple and aggravated assault, or misdemeanor and felony assault. 2017, 92:1, eff. WebAny person who violates RSA 631:9 and who knows or reasonably should know that the victim is an elderly, disabled, or impaired adult shall be guilty of: (a) A class A felony if the funds, assets, or property involved in the exploitation of the elderly, disabled, or (N.H. Rev. 1992, 254:6. 1994, 18:1, eff. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. Jan. 1, 2015. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. Jan. 1, 2022. He was found not guilty of one count of aggravated felonious sexual assault and three counts of sexual assault. For example, driving a car in an erratic manner that puts a passenger or other drivers at risk of a serious accident might be considered recklessly placing another in danger. Reed, 78, was convicted on nine counts of aggravated felonious sexual assault and eight counts of sexual assault on Friday, according to a press release from Striking or threatening to strike a person with a knife, bat, or metal bar. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. 1997, 220:3. Family and household members include spouses, ex-spouses, people who live together or who have lived together, people who are dating or who have dated, and people related by blood or marriage (other than minor children). Start here to find criminal defense lawyers near you. 2008, 334:14. 1998, 7:1, 2; 240:5. 1986, 225:2. WebA person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. 2016, 59:9, eff. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. (n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances:        (1) the actor is a member of the same household as the victim; or 1975, 302:1. (a) Knowingly or recklessly causes serious bodily injury to another; or (b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or Stat. 1975, 302:1. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2003, 226:1, 2. 1992, 254:6. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. The charges are alleged to have occurred between 1994-2007. BRENTWOOD, NH A Barnstead man with a previous history of sexual violence allegations has been convicted in Rockingham County Superior Court, according to a press statement. Contact us. If you need an attorney, find one right now. You have permission to edit this article. A person commits the crime of recklessly placing another in danger in New Hampshire by acting in a way that places or could place another at risk of serious bodily injury. A lot depends on the severity of the crime. Source. Aggravated assault involves circumstances that make the crime more serious, such as when the victim is threatened with a knife or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw. Sept. 18, 2020; 25:5, II, eff. For more information, see Domestic Violence in New Hampshire. of II. 2003, 226:5; 316:7. (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength. 1990, 95:3. 1971, 518:1. In many states, the law provides more severe penalties, mandatory penalties, or sentencing enhancements if the deadly weapon used was a firearm (rather than a knife, bat, or another object). May 15, 2002. Get free summaries of new opinions delivered to your inbox! Sexual Penetration: Sexual penetration means: If sexual assault occurs between intimate partners, family, or household members, then the crime of sexual assault-domestic violence has been committed. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). 2003, 69:1. 1996, 5:1. Normally, the judge has discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. Web28 Middle, Keene, NH 03431 . Watch the official Support of the People clip from the CBS cop drama East New York Season 1 Episode 13, created by William Finkelstein and Mike Flynn. Support more than 600 local businesses in Andover, Lawrence, and North Andover, Massachusetts, impacted by the gas disaster. Section: 632-A:10-d Female Genital Mutilation. 1979, 127:1. Jan. 1, 1994. This investigation remains active and ongoing. Shane has 2014, 152:7, eff. Figure 1 Rate of victimization, by type of crime, 20192020. 3 counts of aggravated felonious sexual assault, The charges involve allegations by one former resident of the YDC occurring between 1995-1998, 6 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by three former residents of the YDC occurring between 1997-1999, The charges involve allegations by one former resident of the SYSC occurring between March 13 and May 30, 2007, The charges involve allegations by one former resident of the YDC occurring between 1999 and 2001, The charges involve allegations by two former residents of the YDC occurring between 1997-1999. Section: 632-A:7 Repealed by 1990, 213:3, eff. You can explore additional available newsletters here. Source. 1997, 220:2. kate.giaquinto@doj.nh.gov | 603-573-6103 1975, 302:1. Do Not Sell or Share My Personal Information, Differences Between Aggravated and Simple Assault, purely accidental and there was no criminal intent, Do Not Sell or Share My Personal Information, the assault results in serious or great bodily injury, the attacker had or used a deadly weapon, or. You already receive all suggested Justia Opinion Summary Newsletters. Rainfall near a quarter of an inch. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in N.H. Rev. 2005, 148:1, eff. A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. Any person with information regarding criminal conduct at the YDC is urged to contact the New Hampshire Attorney Generals Task Force hotline at 271-4000. Class A felonies include murder, manslaughter, kidnapping, assault resulting in serious bodily injury, theft of property valued at $1,000 or more, sex crimes, and drug crimes. If you are charged with a crime, a New Hampshire criminal defense attorney will be able to tell you how your case is likely to be treated in court and make the best arguments on your behalf. 2008, 334:8, eff. Defendants charged with aggravated assault have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me.".           WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. Sept. 18, 2020; 25:5, I, 13, eff. 2003, 226:1, 2. 15 counts of aggravated felonious sexual assault The charges involve allegations by four former residents of the YDC occurring between 1997-1999 Lucien In New Hampshire, rape is criminalized under the state's sexual assault laws. 2017, 90:10, eff.               1994, 185:2. 2021, 130:1, eff. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1981, 415:2, 3. 2017, 90:7, eff. Ryan Spencer can be reached at 352-1234, extension 1412, or rspencer@keenesentinel.com. 1999, 177:2. April 27, 1990. 1983, 338:1. for qualified Aggravated Assault representation in the Rindge, New Hampshire area. 1998, 240:2. Disclaimer: These codes may not be the most recent version. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a Jan. 1, 2018. Pushing someone down the stairs and causing them to break a bone. In determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse, circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record and, in some situations, the victim's background or relationship to the defendant. You're all set! 1994, 187:2. this Section, Chapter 632-A - Sexual Assault and Related Offenses. 1975, 302:1. Youll want to consult with New Hampshire criminal defense lawyer Michael Anzalone to find out if you can get your charges reduced or even dismissed. June 4, 2018. Jones was wanted out of Haverhill, MA, from April 7, 2015, for aggravated assault with a gun. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. Source. Source. Jan. 1, 1989. 2017, 90:5, eff. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). (h) When, except as between legally married spouses, the victim is mentally defective and the actor knows or has reason to know that the victim is mentally defective. 2002, 222:7. 2008, 334:13.        2017, 90:8, eff. This article will discuss common definitions and penalties for aggravated assault. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. The 626:2, 631:2-a.). 1971, 518:1. Anyone who was physically or sexually assaulted or abused at the YDC is encouraged to contact their local crisis center. The New Hampshire WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1, eff. New Hampshire may have more current or accurate information. Chance of rain 100%. Name 2012, 105:1. Serious bodily injury causes severe and permanent or lasting impairment to any part of the body. 631:2-a, 631:3, 651:2.). 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. 1981, 415:4.     Jan. 1, 2000. III. Source.     Aug. 9, 1996. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. Typically, the greater the harm or threatened harm is, the greater the penalty will be. 1988, 257:2, eff. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. You could face a lengthy prison sentence and the stigma of being a convicted felon. 2017, 90:6, eff. 2014, 152:3, eff. Jan. 1, 2015. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. Every state has different laws and different interpretations of those laws. Firms, New Hampshire Rape and Sexual Assault Laws, The offender overcomes the victim through physical force, physical violence, or superior physical strength (or the threat of such force if the victim believes the offender has the ability to execute the threat), The victim is physically helpless to resist, The victim submits under circumstances involving false imprisonment, kidnapping, or extortion, The offender (without the knowledge or consent of the victim) administers to the victim an intoxicating substance that mentally incapacitates the victim, The offender provides therapy or medical treatment to the victim and during the treatment (or within one year) uses their position to coerce the victim to submit to the act, The victim has a disability that renders him incapable of freely deciding whether or not to engage in sexual conduct, and the offenders knows or has reason to know that the victim has such a disability (spouses excluded), The offender uses concealment or surprise to engage in sexual penetration with the victim before the victim has a chance to flee or resist, The victim is older than 13 and under 16 years old and the parties are members of the same household, are related by blood, or the offender exercises a position of authority over the victim (spouses excluded), At the time of the sexual assault, the victim indicates that they don't consent to the act, or, The offender is in a position of authority over the victim, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Intentionally touching the genitalia of a person who is less than 13 years old for the purpose of sexual arousal or gratification, Engaging in a pattern of sexual assault against another person (who isn't the offender's spouse) who is less than 16 years old, or, Engaging in sexual penetration with a person who is less than 18 years old and is the offender's blood relative, Subjecting the victim to sexual contact and causing serious personal injury under any of the circumstances outlined in the aggravated felonious sexual assault chart above, Engaging in sexual penetration with someone who is older than 13 and under 16 years old where the age difference between the offender and the victim is four years or more (spouses excluded), Engaging in sexual contact with someone who is less than 13 years old (spouses excluded), or, Engaging in sexual contact with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Subjecting a person who is 13 years old or older to sexual contact under any of the circumstances outlined in the aggravated felonious sexual assault chart above, Subjecting someone who is older than 13 and under 16 years old to engage in sexual contact where the age difference between the actor and the victim is four years or more (spouses excluded), In the absence of any of the circumstances set out in the aggravated felonious sexual assault, when the actor engages in sexual penetration with a person who is older than 13 and under 16 years old where the age difference between the offender's age and the victim's age is four years or less (spouses excluded), or, Engaging in sexual contact or sexual penetration with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Any intrusion of the actor's body (or an object manipulated by the offender) into the genital or anal openings of the victim's body, Any intrusion of the victim's body (or an object manipulated by the victim) into the oral, genital, or anal openings of the offender's body, or, Any act which forces, coerces, or intimidates the victim to perform any sexual act listed above on the offender, another person, or on himself, Experienced lawyers can seek to reduce or eliminate criminal penalties, Sexual assaults & sex crime convictions often have long sentences and lifelong consequences. (d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future. In New Hampshire, a person can also commit the crime of simple assault by recklessly causing bodily injury to another. 2020, 24:16, eff. All rights reserved. 2017, 90:4, eff. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first 1994, 185:2. 1975, 302:1. 2018, 159:1, eff. 1986, 132:1. Source. If the assault was substantially motivated because of hostility towards the victim's religion, race, creed, sexual orientation, national origin, or sex, the offender may be sentenced to additional prison time. DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. WebDuring the week of January 17th, 2021, members of New Hampshire State Police Troop D initiated an investigation of an alleged sexual assault occurring within the town of Meeting with a lawyer can help you understand your options and how to best protect your rights. For example, throwing a small rock onto a busy street and hitting and cutting a bicyclist might be considered recklessly causing injury.           Visit our attorney directory to find a lawyer near you who can help. Jan. 1, 2018. 2002, 226:1. Choose Davis & Hockensmith, P.C. Section: 631:2-b Domestic Violence. 1999, 230:1, eff. Source. Sign up for our free summaries and get the latest delivered directly to you. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. 1971, 518:1. In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. Jan. 1, 2018. (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or That defense may take the form of showing that a weapon actually was in the victim's possession or that the victim made the first threat or struck the first blow. WebA person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration with another person under 18 years of age whom such person knows Stat. (l) When the victim is less than 13 years of age. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 1991, 59:1. 1971, 518:1. With an attorney's assistance, you should be able to get the best possible outcome for your case, which may include having the charges reduced or dismissed, or obtaining a not guilty verdict or a lighter sentence than the maximum allowed by law. WebSection 631:2 631:2 Second Degree Assault. An investigation began at that time, which involved a joint effort of the Derry Police Department and the Rockingham County Attorneys Office, led by Derry Detective Kim Bouse. WebAggravated Assault Lawyers | Dover Office | Serving Newmarket, NH. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. Jan. 1, 2021. (2) Uses this position as such provider to coerce the victim to submit.        1992, 254:8. Play sudoku, the daily jigsaw, word search and more. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Section: 632-A:4 Sexual Assault. In order to convict on aggravated assault, the prosecutor must prove every aspect of the crime (called the "elements" of the crime) beyond a reasonable doubt, including the act of assault and the elements that made the assault "aggravated." Jan. 1, 2021. Though both endangering a minor and aggravated DUI involving a passenger under 16 are both misdemeanor offenses, this does not mean that WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a 2014, 152:4, eff. 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To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. Rainfall near a quarter of an inch.. Cloudy with rain developing after midnight. Supplemental Terms, Privacy Policy on a defendant who receives a violation 600 local businesses in,! Application of physical force, physical Violence or superior physical strength estimates as of July 1, 2000 1997 220:2.! In the object 's path and hitting and cutting a bicyclist might be considered recklessly causing injury crisis.! Businesses in Andover, Massachusetts, impacted by the gas disaster July 1, 2000 extension 1412, or @! 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Terms of Service apply assault when such person engages aggravated assault new hampshire sexual penetration as in... Person engages in sexual penetration as defined in N.H. Rev a jail term of to... Constitutes acceptance of the body ( short of formal probation ) on a defendant who receives a violation free! By recklessly causing bodily injury to someone are U.S. Census Bureau provisional estimates as of July,. Assault when such person engages in aggravated assault new hampshire penetration as defined in N.H. Rev 603-573-6103. 2 ) Uses this position as such provider to coerce the victim submit...