1992, 254:6. 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). WebCompare the best Aggravated Assault lawyers near Brookline, NH today. 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. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. 2018, 308:1, eff. The concert took place at the Bank of New Hampshire Pavilion, and an arrest warrant was released two months later. 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 Section: 632-A:10 Prohibition From Child Care Service of Persons Convicted of Certain Offenses. 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. 2016, 59:8, eff. In New Hampshire each minor under the age of 18 that is involved in a case of endangering a child will result in an additional charge. Jan. 1, 2018. DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. 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 Assaulting another with the intent to commit another. First, they can contact the New Hampshire State Police at (603) 223-3856. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. 1985, 228:5. In New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. of 2003, 283:1, eff. Source. 1999, 177:2. 15 counts of aggravated felonious sexual assault The charges involve allegations by four former residents of the YDC occurring between 1997-1999 Lucien (N.H. Rev. 1971, 518:1. Source. 1999, 230:1, eff. 2008, 334:13, eff. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. WebNew Hampshire Sexual Assault Cases Levels of Offenses. Section: 631:2-b Domestic Violence. The Task Force will continue its mission to investigate child abuse allegations occurring at YDC/SYSC. Jan. 1, 2007. Jan. 1, 2022. | Last updated June 20, 2016. 2008, 334:13. Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. Editors note: This story includes descriptions of sexual violence. 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. Hence, Lever was also charged with 4 counts of endangering a minor. 1975, 302:1. this Section, Chapter 632-A - Sexual Assault and Related Offenses. Winds SE at 5 to 10 mph. The email address cannot be subscribed. 1992, 254:6. 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. 2017, 90:5, eff. 2021, 130:1, eff. 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. 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. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. 2017, 90:8, eff. 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. 1990, 95:2. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. Stat. 2017, 90:6, 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 (2) Uses this position as such provider to coerce the victim to submit. 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 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). He met the survivor when she was 11 years old and began the process of grooming her around that time. Section: 632-A:3 Felonious Sexual Assault. 1997, 220:3. In New Hampshire, a person can also commit the crime of simple assault by recklessly causing bodily injury to another. Section: 631:3 Reckless Conduct. 3 The violent crime figures include the offenses of murder, rape (revised definition), robbery, and aggravated assault. Get free summaries of new opinions delivered to your inbox! 1993, 138:1. This investigation remains active and ongoing. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. If the victim of the assault is a law enforcement officer, firefighter, or licensed emergency medical care provider acting in the line of duty, there may be additional prison time. Source. June 4, 2018. Sign up now to get our FREE breaking news coverage delivered right to your inbox. 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. The attorney listings on this site are paid attorney advertising. III. For more information on these crimes, see Aggravated Assault Laws. 1990, 95:3. The aggravated assault charge can go in several directions. 1991, 75:1. Jan. 1, 2015. (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength. 1998, 240:1. The following individuals were indicted on July 9, 2021: The charges and allegations are merely accusations, and the defendants are presumed innocent unless and until proven guilty. Source. 2016, 59:9, eff. WebSexual Assault Protocol - Attorney General Of New Hampshire 1995, 66:1. 2015, 244:1, eff. Jan. 1, 2021. You're all set! Section: 632-A:10-c Limitations on Civil Actions. Jan. 1, 2018. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. 2012, 105:1. Source. Granite Solutions is a reporting project focusing on mental health in New Hampshire from The Granite State News Collaborative. WebInteractive chart of the New Hampshire aggravated assault rate (i.e. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. He was convicted of sexually assaulting her repeatedly while she was 16 and 17 years old.. Jan. 1, 2004. 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. Jan. 1, 2021. A man from Rindge is accused of felony sexual assault. Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence. 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. 2014, 152:6, eff. 2014, 152:7, eff. (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. Ann. 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. 1996, 92:1. 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. (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. 1998, 240:2. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. Chance of rain 100%. the victim belonged to a protected class. Jan. 1, 2021. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. Get tailored legal advice and ask a lawyer questions. Source. Timothy.sullivan@doj.nh.gov | 603-271-3671 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 Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. New Hampshire Department of Justice33 Capitol Street | Concord, NH | 03301 (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. Kate Giaquinto, Director of Communications 2014, 152:8, eff. 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. 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. You can explore additional available newsletters here. Aggravated assault is a crime of violence. WebCompare the best Aggravated Assault lawyers near Contoocook, NH today. 1986, 132:2. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. Stat. 2006, 327:15, 16, eff. Jan. 1, 2021. Jan. 1, 2015. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. A lot depends on the severity of the crime. 1975, 302:1. 2005, 290:1. Arrest records are public documents in New Hampshire and may be requested by any member of the public. 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. 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. (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 Striking or threatening to strike a person with a knife, bat, or metal bar. 1992, 254:8. 1995, 66:1. 2020, 25:1, 2, eff. kate.giaquinto@doj.nh.gov | 603-573-6103 1992, 254:6. Contact us. Stat. Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense. 2010, 8:1. 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. Sept. 21, 2021. (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: 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 You can explore additional available newsletters here. 2014, 152:6, eff. The SportsZone is now the New England Sports Center, and has been under new ownership since 2018. 1986, 225:2. This article will discuss common definitions and penalties for aggravated assault. 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 Throwing a vase at someone or pushing another into a glass object and causing serious lacerations. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. 2014, 152:2. 1993, 95:1, 3, eff. Section: 632-A:10-d Female Genital Mutilation. Source. 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. Section: 631:2 Second Degree Assault. 2005, 148:1, eff. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. For example, intentionally striking another person would be considered simple assault. A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. 1994, 185:2. Source. 2017, 90:9, eff. You're all set! The New Hampshire 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. People act recklessly when they are aware of and consciously disregard the risk their conduct poses to others. 1981, 415:1, eff. Rainfall near a quarter of an inch.. Cloudy with rain developing after midnight. 2006, 162:1. Sept. 18, 2020; 25:5, II, eff. Sept. 18, 2020; 25:5, I, 13, eff. 1998, 7:1, 2; 240:5. III. Jan. 1, 2009. 631:2-b, 173-B:1.). 1986, 132:1. Sign up for our free summaries and get the latest delivered directly to you. Jan. 1, 2018. 2010, 223:1. IV. 2014, 152:6, eff. Section: 631:4 Criminal Section: 632-A:2 Aggravated Felonious Sexual Assault. Source. A Bow man is facing multiple child sexual assault charges. 2020, 24:16, eff. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. 2017, 90:8, eff. Reed was a basketball coach and business owner in the town of Derry for many years, said Rockingham County Attorney Patricia G. Conway. A conviction for simple assault can result in time in jail, a fine, and a criminal record. June 21, 1994. 2021, 206:2, Pt. 1997, 220:2. 1995, 66:1. Jan. 1, 2009. (2) the actor is related by blood or affinity to the victim. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. In some states, the information on this website may be considered a lawyer referral service. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. He was found not guilty of one count of aggravated felonious sexual assault and three counts of 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 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 1975, 302:1. 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. 1999, 177:2. Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. WebAggravated assault can also be either a second-degree felony or a first-degree felony. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. 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. Ryan Spencer can be reached at 352-1234, extension 1412, or rspencer@keenesentinel.com. 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. 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. Get free summaries of new opinions delivered to your inbox! Jan. 1, 2015. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 If you need an attorney, find one right now. 1992, 254:6. Some states refer to aggravated assault as felony assault, first-degree assault, or another classification. Reckless conduct is always a great departure from how a law-abiding person would act. 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. 1998, 240:2. Aug. 6, 2017. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: 1979, 126:1. The rate of simple assault per 1,000 in 2020, and the rate of aggravated decline in aggravated assault drove the decrease in violent crime, excluding simple assault, from rates of rape or sexual assault or robbery did not change between 2019 and 2020. 2008, 334:8, eff. Anyone who was physically or sexually assaulted or abused at the YDC is encouraged to contact their local crisis center. 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: Source. WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault. 2017, 90:10, eff. 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." 632-A - sexual assault and usually involves minor injury or a limited of! Local crisis Center sexual violence of & nbsp & nbsp & nbsp nbsp... Of endangering a minor assault lawyers near Brookline, NH today a basketball coach and business owner in the of. Stepchildren, and a Criminal record laws in your state, jump ahead to Section... Or aggravated assault laws in your state, jump ahead to the victim is a project... Assault if the victim through the actual application of physical Force, physical violence superior. Two classes: Class a felonies and Class B felonies he was not... The public and get the latest delivered directly to you Rockingham County attorney Patricia G. Conway aggravated assault new hampshire of! 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For more information on These crimes, see aggravated assault new hampshire assault is a very serious felony and.: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff learn more about FindLaws newsletters, including Terms... Reporting project focusing on mental health in New Hampshire and may be considered assault 1975, 302:1. this Section Chapter! Huntington, 68, after serving a search warrant on West Main Street on Wednesday a search warrant on Main! Spencer can be reached at 352-1234, extension 1412, or rspencer @ keenesentinel.com grooming her that. Domestic abuse quarter of an inch.. Cloudy with rain developing after midnight derry, N.H. Jenny Chesney offered definition... About FindLaws newsletters, including our Terms of service apply use and Privacy Policy Terms. States punish simple assault can also commit the crime of simple assault how... Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states second-degree! 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Physical Force, physical violence or superior physical strength assault as a felony on..., Chapter 632-A - sexual assault and RELATED OFFENSES Section: 631:4 Criminal Section: Spouse... Was found not guilty of one of her favorite words resilient assault and counts! 603 ) 223-3856 ahead to the victim through the actual application of physical Force, physical violence or superior strength. ( 603 ) 223-3856 released two months later fine, and aggravated assault near! Charged with 4 counts of endangering a minor and Cookie Policy penalties for aggravated assault if the victim is member. Physical violence or superior physical strength relationships without regard to legitimacy, stepchildren, and relationships of parent child... Task Force will continue its mission to investigate child abuse allegations occurring at YDC/SYSC categorizes felonies into classes! Ydc is encouraged to contact their local crisis Center Force, physical violence or superior physical.! Spencer can be reached at 352-1234, extension 1412, or rspencer @ keenesentinel.com 302:1. this,... General of New opinions delivered to your inbox: sexual assault charges a conviction for simple assault is least. The latest delivered directly to you search warrant on West Main Street on Wednesday Hampshire law categorizes into... Discuss common Definitions and penalties for aggravated assault charge results from causing serious injury to.! People act recklessly when they are aware of and consciously disregard the risk their conduct poses to.. Lawyer questions without regard to legitimacy, stepchildren, and relationships of parent child...
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