Legal Question in Criminal Law in New Hampshire

Re: simple assalt

The result depends upon a combination of factors: your lawyer, the prosecutor, and the particular court. First, when you are in court on criminal charges, you need a good criminal defense lawyer. Second, many prosecutors are reasonable. Unfortunately, others are aggressive, completely lack common sense and only looking for a conviction. Finally, the disposition of these cases varies from court to court.

You have described facts that could be construed by an aggressive prosecutor as simple assault � domestic violence related. However, it is a very defendable case. You should not plead guilty but seek to avoid a conviction for a number of reasons.

First, in domestic violence related cases, the prosecutor often seeks to have you attend a batters program. These programs can take over 6-months of your time to complete and cost over $1,500. In addition, a conviction for a domestic related crime of violence prohibits you from possessing a firearm. In NH simple assault is a Class A misdemeanor. It carries a maximum penalty of 12 months in jail and a $2000 fine. Without a record and given these facts, you should not get this sentence but the collateral consequences that I mentioned before are significant. There may be other factors that you can only determine by talking to an attorney.

WARNING AND DISCLAIMER: This response is provided for general informational purposes only. It is not a substitute for speaking to an attorney qualified and experienced in criminal defense. This response does not establish an attorney-client relationship. Reliance on this information without seeking advice from an attorney could be harmful. Beyond jail and fines, criminal charges often carry unforeseen collateral consequences impacting employment, security clearances, military service, student loans, drivers license, possession of firearms and voting. If you are the subject of a criminal investigation, under no circumstances should you speak to the police without consulting an attorney. Criminal charges are serious, speak to an attorney!