Criminal Defense Lawyers

New Hampshire Crimes: Laws & Penalties

Understanding New Hampshire Criminal Laws and Penalties

If you’ve been charged with a crime in New Hampshire, it’s important to understand the state’s criminal laws and potential penalties you may be facing. In this comprehensive guide, we’ll break down the key things you need to know, from how crimes are classified to the specific sentences for various offenses. Let’s dive in.

How New Hampshire Classifies Crimes

New Hampshire divides criminal offenses into two main categories:

1. Misdemeanors – Less serious crimes punishable by up to one year in jail. There are two classes:
   • Class A misdemeanors carry up to one year in jail and a $2,000 fine.
   • Class B misdemeanors have no jail time and a maximum $1,200 fine.
2. Felonies – More serious crimes punishable by more than a year in state prison. Felonies are categorized as:
   • Class A felonies, punishable by up to 7.5 to 15 years in prison.
   • Class B felonies, carrying 3.5 to 7 years imprisonment.

Some crimes, like murder, are unclassified and carry even lengthier sentences. Violations, like traffic tickets, are non-criminal offenses punishable only by fines up to $1,000.

The Criminal Justice Process in New Hampshire

If you’re facing criminal charges, here’s generally what you can expect as your case makes its way through the New Hampshire court system:

1. Arrest – After an alleged crime, police may arrest a suspect if they have probable cause or an arrest warrant.
2. Bail Hearing – Within 48 hours of arrest, a judge decides whether to release the defendant on bail pending trial.
3. Arraignment – The defendant appears in court, is informed of the charges, and enters a plea (guilty, not guilty, no contest). For felonies, this happens in Superior Court after a grand jury indictment or waiver.
4. Pretrial Hearings – The judge may schedule hearings on issues like evidence admissibility or trial scheduling. Plea bargaining between the prosecutor and defense often occurs here.
5. Trial – Misdemeanor trials are held before a judge in Circuit Court, while felony trials have a 12-person jury in Superior Court. The prosecution must prove guilt beyond a reasonable doubt.
6. Sentencing – If convicted, misdemeanor sentencing usually happens right after the verdict. For felonies, a separate sentencing hearing occurs after a pre-sentence investigation.
7. Appeals – A convicted defendant can appeal to the New Hampshire Supreme Court, but only on issues of legal error, not factual disputes.

Throughout this process, you have the right to an attorney. If you can’t afford one, the court will appoint a public defender to represent you.

Misdemeanor Penalties in New Hampshire

Here’s a closer look at potential sentences if you’re convicted of a misdemeanor in New Hampshire:

• Class A Misdemeanors
  • Up to 1 year in county jail
  • Fines up to $2,000
  • Examples: Simple assault, criminal threatening, first DUI offense
• Class B Misdemeanors
  • No jail time
  • Fines up to $1,200
  • Examples: Disorderly conduct, criminal trespass, shoplifting under $500

In some cases, alternative sentencing may be available, such as:

• Suspended sentences (jail time is suspended if you stay out of trouble)
• Probation and community service
• Substance abuse or mental health treatment
• Restitution paid to victims

Felony Penalties in New Hampshire

Felony convictions carry much more severe potential sentences:

• Class A Felonies
  • 7.5 to 15 years in state prison
  • Fines up to $4,000
  • Examples: Aggravated assault, arson, robbery
• Class B Felonies
  • 3.5 to 7 years in state prison
  • Fines up to $4,000
  • Examples: Burglary, theft over $1,000, certain drug crimes

Some felonies, like murder and aggravated sexual assault, are unclassified and can result in even lengthier sentences, including life in prison without parole. Repeat violent offenders may also face extended terms.

Specific Crime Categories and Penalties

Let’s break down sentences for some common types of crimes in New Hampshire.

Drug Crimes

New Hampshire categorizes controlled drug crimes based on factors like the type and amount of drug involved.

Here are a few examples:

• Possession of a small amount of marijuana (under 3/4 oz) is a violation punishable by fines.
• Selling less than 1 oz of marijuana is a Class B felony for a first offense, and Class A felony for subsequent offenses.
• Manufacturing methamphetamine is a special felony carrying 3-30 years in prison depending on the amount.
• Trafficking in large quantities of drugs like heroin or cocaine is a special felony punishable by up to life in prison. 

Violent Crimes

Violent offenses like assault, sexual assault, and homicide are prosecuted harshly in New Hampshire:

• Simple assault is usually a Class A misdemeanor, but domestic assault, assault on a police officer, or causing serious injury can elevate it to a Class B felony.
• Rape and aggravated felonious sexual assault are special felonies carrying 10-20 years in prison.
• Manslaughter is a special felony with a maximum sentence of 30 years.
• First and second degree murder can result in life in prison without parole.

Property Crimes

Theft, burglary, and criminal mischief are common property crimes in New Hampshire. Penalties depend on factors like the value of the property involved and the defendant’s record:

• Theft under $1,000 is usually a Class A misdemeanor, but over $1,000 is a Class B felony. Prior convictions can bump this up to a Class A felony.
• Burglary of an occupied structure is a Class A felony, while other burglaries are Class B felonies.
• Criminal mischief over $1,500 in damage is a Class B felony, otherwise it’s a misdemeanor.

DUI Offenses

New Hampshire prohibits driving under the influence of drugs or alcohol. Penalties increase with each subsequent conviction:

• 1st offense: Class B misdemeanor with fines and license suspension.
• 2nd offense: Class A misdemeanor with mandatory jail time, higher fines, and longer license loss.
• 3rd and subsequent offenses: Class A misdemeanor or felony with enhanced jail time and penalties.
• Aggravated DUI or DUI causing injury/death: Class A misdemeanor or Class B felony.

Frequently Asked Questions

Let’s address some common questions about New Hampshire criminal law:

What’s the statute of limitations for crimes in NH?

New Hampshire sets time limits for prosecuting crimes, ranging from 1 year for misdemeanors to 6 years for felonies. But some serious crimes like murder, kidnapping, and aggravated sexual assault have no statute of limitations and can be prosecuted anytime.

Can I get a felony conviction expunged in NH?

New Hampshire allows some convictions to be “annulled” (sealed) after a waiting period. Misdemeanors and some minor felonies may be annulled 3 years after you complete your sentence. More serious felonies have longer waiting periods of 5-10 years. But convictions for violent crimes and sex offenses generally can’t be annulled.

What are my rights if I’m arrested in NH?

If you’re arrested, you have the right to remain silent, the right to an attorney, and the right to a speedy trial. Police must inform you of these rights. You should exercise your right to remain silent and insist on having an attorney present during any questioning.

What if I can’t afford an attorney?

Defendants who can’t afford a lawyer are entitled to a court-appointed attorney. In New Hampshire, the Public Defender’s office provides legal representation to indigent defendants in criminal cases. There’s no charge for a public defender if you financially qualify.

The Bottom Line

Facing criminal charges is a stressful and high-stakes situation. But understanding how New Hampshire’s criminal justice system works can help you make informed decisions and build the best possible defense. The most important thing is to exercise your constitutional rights and consult with an experienced criminal defense attorney as soon as possible. A knowledgeable lawyer can evaluate the strength of the evidence, identify any legal issues, negotiate with prosecutors, and advocate for the best outcome in your case. Whether you’re facing a misdemeanor or a serious felony, don’t face criminal charges alone. With a solid understanding of the law and a skilled attorney in your corner, you can protect your rights and fight for justice every step of the way.