New Hampshire Revised Statutes 631:1 – First Degree Assault
Current as of: 2023 | Check for updates
|
Other versions
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
For details, see N.H. Rev. Stat. 651:2
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with N.H. Rev. Stat. § 651:2, II-g; or
(c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or
(d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.
II. In this section:
(a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and
(b) “Stillbirth” means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in N.H. Rev. Stat. § 631:2-b, III, a conviction under this section shall be recorded as “first degree assault-domestic violence.”
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “first degree assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of N.H. Rev. Stat. § 173-B:15. The provisions of N.H. Rev. Stat. § 618:8 and N.H. Rev. Stat. § 618:9 shall not apply to a fine imposed under this paragraph.
(a) Purposely causes serious bodily injury to another; or
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 15 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 631:1
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with N.H. Rev. Stat. § 651:2, II-g; or
(c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or
(d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.
II. In this section:
(a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and
(b) “Stillbirth” means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in N.H. Rev. Stat. § 631:2-b, III, a conviction under this section shall be recorded as “first degree assault-domestic violence.”
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “first degree assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of N.H. Rev. Stat. § 173-B:15. The provisions of N.H. Rev. Stat. § 618:8 and N.H. Rev. Stat. § 618:9 shall not apply to a fine imposed under this paragraph.