2003, 226:1, 2. 625:11, 631:3.). Section: 632-A:3 Felonious Sexual Assault. Thus, the range of punishment is from community supervision (with and without jail time as a condition), and the prison time is from two to twenty years in the Texas Department of Corrections As you might imagine there are numerable scenarios. 1994, 185:2. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. Get tailored legal advice and ask a lawyer questions. 1975, 302:1. The law might direct a judge to hand down a minimum sentence of 20 years in prison with no option of probation or parole. 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). 1997, 220:2. (l) When the victim is less than 13 years of age. | Last updated June 20, 2016. Source. WebThe penalty for second-degree aggravated assault is a jail term of two to 20 years, while first-degree aggravated assault penalties can include five to 99 years in jail. Chance of rain 100%. The aggravated assault charge can go in several 1981, 415:2, 3. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Jan. 1, 2018. Copyright 2023, Thomson Reuters. Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. Crime Solvers of Montgomery County, a nonprofit organization, pays up to $10,000 for information leading to an arrest and indictment in connection with felonies. 1991, 75:1. Source. 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. 1999, 230:1, eff. Start here to find criminal defense lawyers near you. Source. Jan. 1, 2015. 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). Reed was a basketball coach and business owner in the town of Derry for many years, said Rockingham County Attorney Patricia G. Conway. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between 2008, 334:13, eff. 651:6, 193-D:1.). Serious bodily injury causes severe and permanent or lasting impairment to any part of the body. 1995, 66:1. 1985, 228:5. Stay up-to-date with how the law affects your life. Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. (2) Uses this position as such provider to coerce the victim to submit. Sept. 21, 2021. Disclaimer: These codes may not be the most recent version. 1971, 518:1. 2014, 152:5, eff. Get free summaries of new opinions delivered to your inbox! Please check official sources. Aggravated assault is a second degree felony. 2020, 24:13, 14, eff. He met the survivor when she was 11 years old and began the process of grooming her around that time. 1997, 220:2. Jan. 1, 2015. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: 1992, 254:6. 1994, 185:2. Jan. 1, 2019. Weba decline in assault. 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. The charges involve allegations by seven former residents of the YDC occurring between 1994-2005. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. I. 1992, 254:3-5. Jan. 1, 2009. 1999, 177:2. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or WebSexual Assault Protocol - Attorney General Of New Hampshire Crisis centers can provide individual support, support groups, assistance reporting abuse, help understanding options and the legal system, court and hospital accompaniment, housing assistance, and referrals for local services including mental health and substance abuse services. Ann. 2014, 152:6, eff. Editors note: This story includes descriptions of sexual violence. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. WebNew Hampshire Sexual Assault Cases Levels of Offenses. 1992, 254:6. 2003, 226:1, 2, eff. 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. Get free summaries of new opinions delivered to your inbox! The prosecution of this case would not have been possible without the commendable courage of the survivor and the tireless efforts of each of these incredible professionals working towards justice, she said. Figure 1 Rate of victimization, by type of crime, 20192020. 1986, 132:1. Section: 632-A:2 Aggravated Felonious Sexual Assault. 1990, 95:2. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. Sept. 18, 2020; 25:5, I, 13, eff. 1983, 338:1. 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. 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. Ann. 2017, 92:1, eff. 2014, 151:2, 3, eff. Jan. 1, 2018. For more information visit collaborativenh.org. Simple assault charges might apply if a person threatens or causes bodily harm or moderate bodily harm, whether visible or not (such as bruising, pain, or a cut lip). If you need an attorney, find one right now. 1981, 553:10. 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 Disclaimer: These codes may not be the most recent version. 1992, 71:1. 2010, 223:2. Play sudoku, the daily jigsaw, word search and more. Jan. 1, 2004. 2017, 90:9, eff. You already receive all suggested Justia Opinion Summary Newsletters. 1979, 126:1. Sept. 18, 2020; 25:12, eff. Aug. 9, 1996. 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. The 2010, 361:2, eff. The SportsZone is now the New England Sports Center, and has been under new ownership since 2018. Source. The two counts of misdemeanor aggravated assault, according to police, are due to an altercation involving a videographer. 1975, 302:1. Granite Solutions is a reporting project focusing on mental health in New Hampshire from The Granite State News Collaborative. The survivor disclosed the abuse when she was 29 years old. Winds SE at 5 to 10 mph. Sign up for our free summaries and get the latest delivered directly to you. 1981, 415:2, 3. Use our free directory to instantly connect with verified Aggravated Assault attorneys. An object is a deadly weapon if it likely can cause death or great bodily harm. 2006, 162:1. April 27, 1990. 1975, 302:1. 2014, 152:4, eff. You're all set! Jan. 1, 2015. To speak with an advocate, please call the statewide domestic violence hotline at 1-866-644-3574 or the statewide sexual assault hotline at 1-800-277-5570 or find the crisis center nearest you at https://www.nhcadsv.org/member-programs.html. WebInteractive chart of the New Hampshire aggravated assault rate (i.e. Ryan Spencer can be reached at 352-1234, extension 1412, or rspencer@keenesentinel.com. Jan. 1, 2015. WebTable 4. 1998, 240:1. 1971, 518:1. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. Section: 632-A:10-d Female Genital Mutilation. Crimes of domestic violence are not punished more severely in New Hampshire, but the victim may be able to obtain a restraining order against the defendant. A school resource officer arrested a Maryville man Monday, Feb. 27 after witnesses said he brandished a shotgun at someone parked at a school bus stop. Get free summaries of new opinions delivered to your inbox! Timothy Sullivan, Senior Assistant Attorney General (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength. Section: 632-A:10 Prohibition From Child Care Service of Persons Convicted of Certain Offenses. In some states, the information on this website may be considered a lawyer referral service. Jan. 1, 2021. The email address cannot be subscribed. Only contact that can be reasonably construed as being made for the purpose of sexual arousal or gratification can be considered to be sexual contact. Ann. Sept. 18, 2020; 25:5, II, eff. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. 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 the Rockingham County Attorneys office. He was convicted of sexually assaulting her repeatedly while she was 16 and 17 years old.. 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 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. New Hampshire may have more current or accurate information. Typically, the greater the harm or threatened harm is, the greater the penalty will be. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Assaulting a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. 2006, 163:2. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. 1986, 132:1. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. While states define and penalize aggravated assault differently, most punish these crimes based on the level of harm threatened or inflicted, whether a weapon was involved, and who the victim was. The charges are alleged to have occurred between 1994-2007. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. (i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist. 2014, 152:6, eff. Jan. 1, 2015. 2020, 25:1, 2, eff. 1994, 18:1, eff. (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. Source. 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 the Rockingham County Attorneys office. Though both endangering a minor and aggravated DUI involving a passenger under 16 are both misdemeanor offenses, this does not mean that Source. Ann. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Jan. 1, 2015. Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. for qualified Aggravated Assault representation in the Rindge, New Hampshire area. Jan. 1, 2021. Jones was wanted out of Haverhill, MA, from April 7, 2015, for aggravated assault with a gun. 1999, 177:2. Source. WebCompare the best Aggravated Assault lawyers near Brookline, NH today. (N.H. Rev. 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 The concert took place at the Bank of New Hampshire Pavilion, and an arrest warrant was released two months later. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. Section: 632-A:3 Felonious Sexual Assault. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in N.H. Rev. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, Chapter 632-A - SEXUAL ASSAULT AND RELATED OFFENSES. 2021, 206:2, Pt. 1975, 302:1. WebIV. 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. WebCompare the best Aggravated Assault lawyers near Contoocook, NH today. 2002, 226:1. 1998, 240:2. 1985, 181:1. 3 The violent crime figures include the offenses of murder, rape (revised definition), robbery, and aggravated assault. 1988, 257:2, eff. Jan. 1, 2018. Simple assault during mutual combat is a violation, punishable by a fine of up to $1,000. Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. 1971, 518:1. 1992, 254:6. Assaults that cause serious injury and Sorry, there are no recent results for popular commented articles. Jan. 1, 2011. Failure to prove the assault or the "aggravating" elements could lead to dismissal of the charges or a reduction from aggravated to simple assault. Every state has different laws and different interpretations of those laws. Source. 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 For example, throwing a small rock onto a busy street and hitting and cutting a bicyclist might be considered recklessly causing injury. Low 33F. 631:2-a, 631:3, 651:2.). Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. 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 Our free directory to instantly connect with verified aggravated assault representation in the Rindge, New Hampshire the. The abuse when she was 11 years old alleged to have occurred between 1994-2007 and even designed to cause.! Assaults that cause serious injury and Sorry, there are no recent for! And Terms of Service apply word search and more no criminal intent likely can cause death or bodily... Rspencer @ keenesentinel.com weapon if it likely can cause death or great bodily.! Process of grooming her around that time causes severe and permanent or lasting impairment to any part of YDC. Defense is showing that the defendant 's actions were purely accidental and there was no criminal.... 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