There are several categories of assault in New Hampshire including simple assault (RSA 631:2-a), second degree assault (RSA 631:2), and first degree assault (RSA 631:1). Simple assault is a misdemeanor punishable by up to one year in jail, second degree assault is a class B felony punishable by up to 3 ½ to 7 years in prison, and first degree assault is a class A felony punishable by up to 7 ½ to 15 years in prison.
There are various factors that could lead to a defendant being charged with the more serious felony offenses of second-degree assault and first-degree assault. Most frequently these factors involve the extent of the injury caused to the alleged victim, the age of the alleged victim, or whether a weapon was used and, if so, whether that weapon was a firearm.
For simple assault, which is the most frequently charged type of assault, all that the prosecutor needs to prove is that the defendant caused “unprivileged physical contact” with the victim. There is no need for the prosecutor to prove any injury occurred for a defendant to be convicted of simple assault.
If you’ve been charged with any type of assault, the criminal defense lawyers at Cohen & Winters can help. Contact us for a free consultation today.