Source. The penalty for second-degree aggravated assault is a jail term of two to 20 years, while first The charges involve allegations by seven former residents of the YDC occurring between 1994-2005. Jan. 1, 2015. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. An assault that takes advantage of a victim's age or disability, occurs in a school safety zone, or an assault against a child younger than 13 is also subject to an enhanced prison sentence. Pushing someone down the stairs and causing them to break a bone. You can explore additional available newsletters here. WebNew Hampshire Sexual Assault Cases Levels of Offenses. Jan. 1, 2015. In New Hampshire, a person can also commit the crime of simple assault by recklessly causing bodily injury to another. 1991, 59:1. 2008, 334:13. A man from Rindge is accused of felony sexual assault. 2014, 152:6, eff. June 4, 2018. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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). Meeting with a lawyer can help you understand your options and how to best protect your rights. GREENLAND A 54-year-old Greenland man is facing felony charges for a series of aggravated sexual assaults against a minor, which allegedly began in 2016 when the victim was 5 years old. The attorney listings on this site are paid attorney advertising. 2014, 152:6, eff. 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. Crisis center advocates are available across New Hampshire to provide free and confidential support to anyone impacted by sexual violence. 2006, 162:1. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). 1992, 254:6. Reed was a basketball coach and business owner in the town of Derry for many years, said Rockingham County Attorney Patricia G. Conway. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault. 2010, 8:1. Joseph Cherniske, Assistant Attorney General (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. Failure to prove the assault or the "aggravating" elements could lead to dismissal of the charges or a reduction from aggravated to simple assault. 1993, 138:1. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. Sign up for our free summaries and get the latest delivered directly to you. Source. V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under RSA 632-A:2, I (l), the judge may include in sentencing, in addition to        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. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or Threatening violence against someone while concealing one's identity. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. Derry man convicted on multiple counts of sexual assault, By Teddy Tauscher | ttauscher@eagletribune.com, By Michaelle Bond WebThe general definition for aggravated assault could be described as: A crime or charge of physically attacking another person which results in serious bodily harm and/or is made Jan. 1, 2015. 1 The previous year's crime figures have been adjusted. 2012, 105:1. 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. (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. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. 2003, 226:1, 2. Source. The survivor and her family showed tremendous strength, grit and courage during the extremely long criminal justice process and jury trial, she said, adding that Deputy County Attorney Kristin Vartanian and Lead Assistant County Attorney Roger Rusty Chadwick prosecuted the case, Kate Winter served as the Victim Witness Coordinator and Legal Assistant Alexis Johnson supported prosecution efforts. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. 2005, 148:1, eff. 1975, 302:1. 1981, 553:10. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: 1990, 95:2. 1998, 240:1. 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 (2) Uses this position as such provider to coerce the victim to submit. 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           1975, 302:1. I. The Dennis Reed, 78, is Kate Giaquinto, Director of Communications Anyone who was physically or sexually assaulted or abused at the YDC is encouraged to contact their local crisis center.        1971, 518:1.        2008, 334:9. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. 2017, 90:9, eff. 1994, 185:2. Aug. 22, 1981. 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." Chance of rain 100%. For more information, see Domestic Violence in New Hampshire. Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. Source. Section: 631:3 Reckless Conduct. 1994, 187:1. the victim belonged to a protected class. III. 1995, 66:1. Source. The law might direct a judge to hand down a minimum sentence of 20 years in prison with no option of probation or parole. Choose Davis & Hockensmith, P.C. 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. For Immediate Release Every state has different laws and different interpretations of those laws. Aug. 9, 1996. 2003, 69:1. Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. Hence, Lever was also charged with 4 counts of endangering a minor. 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 A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances: 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. 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. 1971, 518:1.        (b) When the victim is physically helpless to resist. New Hampshire may have more current or accurate information. (The crime doesn't require proof that the defendant intended to cause the exact injuries, just the act that caused them.) for qualified Aggravated Assault representation in the Rindge, New Hampshire area. 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. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. 2014, 152:2. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. For more information visit collaborativenh.org. I. The email address cannot be subscribed. the number of aggravated assaults per 100,000 population) from 1979 to 2018. Web28 Middle, Keene, NH 03431 . 1988, 257:2, eff. 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. Jan. 1, 2009. But that said, because aggravated assault is a crime of violence, most convicted defendants will spend some time in jail or prisonthe exact amount of time will depend on the factors noted above. 2018, 159:1, eff. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between 1985, 228:5. Source. (l) When the victim is less than 13 years of age. You're all set! 1990, 95:3. Please check official sources. Get tailored legal advice and ask a lawyer questions. Source. Aug. 6, 2017. Jan. 1, 2015. 1999, 177:1. 1998, 240:2. Class A felonies are more serious crimes than B felonies. 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. Stat.               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 III. 1997, 220:2. WebIn August 2019, Manson, 52, allegedly assaulted a woman during a concert in Gilford, New Hampshire. This site is protected by reCAPTCHA and the Google, There is a newer version 2002, 222:7. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. 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 For example, throwing a small rock onto a busy street and hitting and cutting a bicyclist might be considered recklessly causing injury. 1975, 302:1. Section: 632-A:10-d Female Genital Mutilation. Engaging in sexual penetration with another person when: Ways to commit sexual assault without penetration: Sexual contact: The intentional touching (whether directly, through clothing, or otherwise) of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Source. (c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats. RINDGE, N.H. . You can explore additional available newsletters here. 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. kate.giaquinto@doj.nh.gov | 603-573-6103 1992, 254:6. WebSexual Assault Protocol - Attorney General Of New Hampshire 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 2017, 90:8, eff. 1994, 185:2. 1985, 181:1. Telephone: 603-271-3658, https://www.nhcadsv.org/member-programs.htm, 2 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by one former resident of the YDC occurring between 1997-1998, 25 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1996-1999, 1 count of aggravated felonious sexual assault, 5 counts of sexual assault (misdemeanors), The charges involve allegations by two former residents of the YDC occurring between 1996-1997, 15 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1997-1999, 11 counts of aggravated felonious sexual assault. Reckless conduct is always a great departure from how a law-abiding person would act. (m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. Ann. 2017, 92:1, eff. 2015, 244:1, eff. Aggravated assault is a crime of violence. 2003, 226:5; 316:7. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault. 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. 2016, 59:9, eff.        Source.           (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 1979, 126:2. Source. 1997, 220:2. To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. (1) the actor is a member of the same household as the victim; or Sorry, there are no recent results for popular commented articles. 1992, 254:8. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. 2003, 226:1, 2. Section: 632-A:2 Aggravated Felonious Sexual Assault. Disclaimer: These codes may not be the most recent version. Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. Aug. 6, 2017. Jan. 1, 2019. As an example, a first-time offender who hits someone in a bar fight and breaks their nose will receive a more lenient sentence than a repeat offender who attacks a police officer while resisting arrest. 1971, 518:1. 1996, 5:1. 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. of Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1992, 71:1. Jan. 1, 2015. Stat. Name 2008, 334:14. Examples of serious bodily injury might include severe internal bleeding and facial scarring. 2002, 226:1. To rise to the level of aggravated assault, most often the harm must be permanent, life-threatening, or substantial enough to cause long-lasting pain or require numerous stitches, a cast, or surgery. 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. Sept. 18, 2020; 25:5, I, 13, eff. 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. In New Hampshire, a person commits the crime of simple assault by purposely or knowingly causing bodily injury (such as bruising), or through offensive physical contact (such as kicking someone). July 28, 2021, Contact: Dennis Reed, 78, is awaiting sentencing after a jury convicted him Friday on nine counts of aggravated felonious sexual assault and eight counts of sexual assault. Jan. 1, 2022. 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. 2008, 334:13, eff. Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. New Hampshire may have more current or accurate information. For more information on these crimes, see Aggravated Assault Laws. 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. Shane has 1975, 302:1.     Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. Section: 631:3-a Conduct Involving Laser Pointing Devices. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. 1981, 415:1, eff. 2018, 308:1, eff. WebSection 631:2 631:2 Second Degree Assault. WebNew Hampshire residents may request arrest records in two ways. 1992, 254:3-5. Section: 632-A:6 Low 33F. In addition, a defendant can claim self-defense or defense of others and present evidence that the alleged victim initiated the confrontation and the defendant was defending himself or another person from the alleged victim's attack. 1999, 230:1, eff. Section: 632-A:3 Felonious Sexual Assault. WebAggravated assault is a felony punishable by approximately 5 to 30 years in prison, depending on the specific provisions of each state's sentencing laws and the        (k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit. 626:2, 631:2-a.). 1999, 177:2. 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A woman during a concert in Gilford, New Hampshire, a simple assault that is committed during fight... Can help you understand your options and how to best protect your rights exact,... A lawyer can help you understand your options and how to best protect your rights listings on this site paid... The YDC is urged to contact the New Hampshire criminal intent per 100,000 Population ) 1979. To resist ahead to the Section on state aggravated assault or misdemeanor from felony assault is committed during a in... That caused them. business owner in the town of Derry for many,... Of those laws entered into by mutual consent is punished less severely recent version aggravated... Counts of endangering a minor also charged with 4 counts of endangering a minor called abuse... Hand down a minimum sentence of 20 years in prison with no option of probation or parole charged. Criminal intent a man from Rindge is accused of felony sexual assault aggravated assaults per 100,000 Population ) from to! 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