Legal Question in Criminal Law in New Hampshire

Re: Domestic Violence Simple Assualt

If you are asking about an incident which occurred in New Jersey, give me a call. If the incident occurred in New Hampshire, call a New Hampshire attorney. You might go to www.lawyers.com and find an attorney or attornies in the town where the incident occurred and send him/her or them an inquiring email, including something about likely legal fee.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Domestic Violence Simple Assualt

Hi,

You should have an attorney help you. From your question it is not clear where the incident occured and if you are now living in New Hampshire and if the incident occured in NJ. You need an attorney where the incident(s) occured. Feel free to call me or schedule an appointment if it happened in New Jersey, and as a former Assistant County Prosecutor I can help guide you through the process.

Good luck,

Re: Domestic Violence Simple Assualt

I can only give you advice about New Hampshire law. If you are asking about a New Jersey arrest, you will need to speak with a lawyer from that state. Simple Assault is a misdemeanor in New Hampshire. I assume that is what you are charged with.

The police have the option of making the charge a Class A misdemeanor or a Class B misdemeanor. Class A misdemeanors carry the POSSIBILITY of jail time and, therefore, entitle you to a public defender if you cannot afford counsel and a jury trial. Class B misdemeanors are punishable only by a fine and, for that reason, you cannot get either a jury trial or appointed counsel. Most police departments will charge virtually all misdemeanors as Class A level offenses even if there is no real possibility of seeking jail time.

A misdemeanor domestic assault charge can be a serious matter. A conviction (depending on the status of your relationship with your boyfriend) will most likely result in a lifetime prohibition on the possession of firearms. You could also be placed on probation and ordered to go to anger management counselling. Assuming its a first offense, the State would almost certainly not be seeking any committed jail time. However, since I don't know the facts of your case, I can't comment on what the case is "worth."

From the facts you describe there are a large number of questions about what the evidence in your case may look like. I can't analyze them in a vacuum.

In general, any criminal charge can be dismissed or reduced at the election of the prosecutor's office. In assault cases, charges are sometimes reduced to a violation level assault by "mutual combat" or to disorderly conduct or some other offense. I cannot tell you whether the prosecutor will be inclined to reduce your charge.