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. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. 2020, 24:13, 14, eff. Source. Jan. 1, 2015. Sept. 18, 2020; 25:5, II, eff. Chance of rain 100%. Weba decline in assault. You already receive all suggested Justia Opinion Summary Newsletters. 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. A Bow man is facing multiple child sexual assault charges. Source. 2008, 334:13. 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). 2017, 91:7, eff. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. 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. 1971, 518:1. (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. Normally, the judge has discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. Source. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. In New Hampshire, rape is criminalized under the state's sexual assault laws. Aug. 22, 1981. Meeting with a lawyer can help you understand your options and how to best protect your rights. 2017, 90:5, eff. 2003, 226:5; 316:7. 2017, 90:6, eff. Jan. 1, 2015. In New Hampshire, people who engage in sexual activity with children under the age of consent (age 16) can be convicted of sexual assault (also called statutory rape ). 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. 1986, 132:1. He was found not guilty of one count of aggravated felonious sexual assault and three counts of sexual assault. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Ann. 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. 1999, 177:1. I. DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. the victim belonged to a protected class. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: 1993, 138:1. 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. Jan. 1, 2018. Below are examples of aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. 1994, 185:2. Get free summaries of new opinions delivered to your inbox! This site is protected by reCAPTCHA and the Google, There is a newer version RINDGE, N.H. . Conway praised the victim and her family as well as staff members who helped them through the process. Choose your state from the list below to find information about your state's laws regarding aggravated assault. Jan. 1, 2018. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. 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. 1998, 240:1. Reckless conduct is always a great departure from how a law-abiding person would act. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. 2014, 152:7, eff. 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. 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 Jan. 1, 2000. Ann. (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: 1986, 132:2. Assaults that cause serious injury and The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. 1994, 187:2. 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 At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1975, 302:1. WebA 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. | Last updated June 20, 2016. WebA person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration with another person under 18 years of age whom such person knows Jan. 1, 2009. For more information, see Domestic Violence in New Hampshire. 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. (1) the actor is a member of the same household as the victim; or State laws change frequently. 15 counts of aggravated felonious sexual assault The charges involve allegations by four former residents of the YDC occurring between 1997-1999 Lucien Section: 632-A:3 Felonious Sexual Assault. Arrest records are public documents in New Hampshire and may be requested by any member of the public. Section: 632-A:10 Prohibition From Child Care Service of Persons Convicted of Certain Offenses. Defendants charged with aggravated assault have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me.". Any injury that results in permanent scars, a limp, or loss of a bodily function will also generally meet this level of harm. Source. (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. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. Created byFindLaw's team of legal writers and editors 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. 1990, 95:2. 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. Source. Otherwise, they may query the New Hampshire Department of Corrections at (603) 271-5600. 7031 Koll Center Pkwy, Pleasanton, CA 94566. The attorney listings on this site are paid attorney advertising. 2016, 92:1, eff. Section: 632-A:11 to 632-A:19 Repealed by 1996, 293:2, eff. 2021, 206:2, Pt. Sept. 18, 2020; 25:5, I, 13, eff. Jan. 1, 2019. Use our free directory to instantly connect with verified Aggravated Assault attorneys. Source. WebTable 4. 2014, 152:3, eff. Jan. 1, 2021. 1998, 240:2. Aggravated assault is a second degree felony. The verdict came following a 12-day Some states refer to aggravated assault as felony assault, first-degree assault, or another classification. Florida law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. 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. The two counts of misdemeanor aggravated assault, according to police, are due to an altercation involving a videographer. This article will discuss common definitions and penalties for aggravated assault. Every state has different laws and different interpretations of those laws. 2006, 327:15, 16, eff. WebCompare the best Aggravated Assault lawyers near Contoocook, NH today. May 15, 2002. Jan. 1, 2015. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. Section: 631:2-b Domestic Violence. Jan. 1, 2021. III. 2014, 151:4, eff. 2002, 222:7. Advertisement. For example, intentionally striking another person would be considered simple assault. If you need an attorney, find one right now. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Shane has 1995, 66:1. 2003, 226:1, 2. 2008, 334:14. An object is a deadly weapon if it likely can cause death or great bodily harm. 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