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Understanding Class A Misdemeanors in New Hampshire
As enshrined under New Hampshire’s Revised Statutes Annotated (RSA) 625:9, a Class A misdemeanor is the most serious misdemeanor in the state’s criminal classification system. Similar to the classifications used by some other states, New Hampshire categorizes misdemeanors into Class A and Class B, with Class A carrying higher penalties that are slightly less severe than those of felonies, and Class B misdemeanors considered less severe than Class A misdemeanors.
Examples of Class A Misdemeanors in New Hampshire
In New Hampshire, Class A misdemeanors are deemed serious enough offenses that warrant potential jail time but fall short of being classified as felonies. These charges usually entail actions that endanger public safety, damage property, or infringe upon the rights of others. Although these crimes are serious, the state’s classification scheme acknowledges that they differ significantly from severe felony offenses. Offenses like simple assault, aggravated DUI, theft under the felony threshold, minor controlled substance possession, and disorderly conduct are Class A misdemeanors in New Hampshire.
Class A misdemeanors involve harmful conduct without the aggravating circumstances that would elevate them to felonies, and real-life cases associated with these charges are typically included in the New Hampshire Criminal Court Records.
A concise overview of typical Class A misdemeanor offences is provided below:
| Offense | Description | Possible Penalty |
|---|---|---|
| Simple Assault | Unauthorized physical contact or unintentionally or carelessly causing bodily harm to another person | Probation, anger management, a fine of up to $2,000, and up to a year's jail term |
| Aggravated DUI (First Offense) | Driving with a passenger under 16 or with a Blood Alcohol content (BAC) of 0.16% or higher. | Mandatory alcohol testing, license suspension, a fine of up to $2,000, and up to a year's jail term |
| Theft (Property Valued $500–$1,000) | Unlawfully taking property worth $500 to $1,000 from another individual. | Up to 1 year jail, fines reaching $2,000, victim restitution |
| Criminal Mischief ($100–$1,500 Damage) | Deliberately or recklessly causing $100–$1,500 worth of damage to another person's property | Restitution, a fine of up to $2,000, or up to a year's jail term |
| Stalking (First Offense) | Intentionally acting in a way that would cause a prudent person to worry about their safety. | A protection order, a fine of up to $2,000, and up to a year's jail term |
| Drug Possession (Minimal Quantities) | Possession of controlled substances in quantities below felony thresholds. | A fine of up to $2,000, rehabilitation, and up to one year in jail. |
Penalties for a Class A Misdemeanor in New Hampshire
In New Hampshire, being convicted of a Class A misdemeanor may result in a jail term, probation, a fine, or conditional or unconditional discharge under RSA 651:2. It is worth noting that although New Hampshire’s law clearly defines the maximum penalties, judges are nevertheless free to choose the proper sentencing based on the particulars of each case. If a Class A misdemeanor carries a jail sentence, the court will set the maximum of no more than a year. Courts have the authority to issue fines in addition to imprisonment. However, many first-time offenders or those found guilty of less serious Class A misdemeanors may get sentences that are significantly shorter than the maximum punishments.
The typical penalties for a Class A misdemeanor in New Hampshire include:
- Jail Time: The statutory limit for Class A misdemeanors is 12 months in a county jail.
- Fines: An individual may be fined up to $2,000.
- Probation: Courts frequently place defendants on probation rather than a jail term, especially for first-time offenders or cases with mitigating circumstances. Probation supervision can last up to three years.
- Community Service and Restitution: This depends on the nature of the offense or harm to victims. The court may order community service or restitution as part of the penalties for a Class A misdemeanor. Community service is typically ordered when the court believes the defendant can contribute positively to society, while restitution is ordered when the victim suffered financial loss.
- Administrative or License Penalties: In addition to criminal sentences, offenses (like DUI) may result in license suspension or other administrative sanctions.
Probation and Alternative Sentencing Options in New Hampshire
Courts in New Hampshire acknowledge that not all Class A misdemeanor convictions necessitate incarceration, particularly for first-time offenders or those defendants willing to undergo rehabilitation or recovery. Other sentencing options in this case can include probation, conditional discharge, community service, electronic monitoring, rehabilitation, mental health counseling, and restorative justice programs.
It is worth noting that the defendant's criminal history, the seriousness of the offense, the risk of reoffending, and the willingness to rehabilitate are factors that determine eligibility for alternative sentencing. Successful completion of these programs may result in reduced charges or early termination of supervision.
Common alternative sentencing options in New Hampshire are explained in the table below:
| Alternative Sentence | Description | Typical Duration/ Conditions |
|---|---|---|
| Probation | Release under supervision with frequent check-ins and compliance standards. |
|
| Conditional Discharge | Unsupervised release with court-imposed conditions |
|
| Community Service | Unpaid labor for community and neighborhood benefit | 20-100 hours, depending on the offense |
| Restitution | Financial compensation to victims for losses | As ordered by the court |
| Electronic Monitoring | House Arrest/Home Confinement or GPS Tracking | Duration set by the judge |
| Treatment Programs | Mental health or anger management counseling. Substance abuse rehabilitation. | Program completion |
Can a Class A Misdemeanor Be Expunged or Sealed in New Hampshire?
Yes. In New Hampshire, the process for clearing a criminal record is called annulment per RSA 651:5, rather than expungement. This legal action permits an individual to petition the court to remove records of arrests, convictions, and sentences from both state and FBI criminal history records under specific conditions. Annulment is a significant step that can greatly improve prospects for employment, housing, and professional licensing.
For a Class A misdemeanor, the waiting period for annulment is three years, except for drug and sexual offenses. This period starts only after the individual has completely satisfied all requirements of their sentence, including any jail time, probation, fines, and restitution.
However, not all Class A misdemeanors are eligible for annulment. Several variables, including the nature of the offense, the outcome of the case, the completion of the sentence, the passage of time, and public safety considerations, determine eligibility. Where New Hampshire Statutes allow, anyone may petition for an annulment; courts consider whether an annulment will promote recovery or pose a risk to public welfare.
| Condition | Eligible for Expungement? | Waiting Period | Notes |
|---|---|---|---|
| First-time Class A misdemeanor (non-violent) | Yes | Three years after sentence completion | Must have no pending charges or subsequent convictions |
| Multiple non-violent misdemeanor offenses | Possibly | Varies by case | Court discretion applies; time requirements must be met for all offenses |
| Violent offense (First-degree assault robbery) | No | Not applicable | Permanently barred under RSA 651:5 |
| Class A misdemeanor drug possession | Yes | Two years after sentence completion | For offenses under RSA 318-B:26, II |
| Sexual Assault misdemeanor | No | Not applicable | Permanently barred under RSA 651:5 |
If an annulment petition is denied, the petitioner must wait three years before filing a new petition. An annulment involves filing with the court where the conviction happened, paying a $125 court filing fee, and a $100 Department of Corrections background check charge. The process usually takes several months, as the court evaluates criminal records and permits prosecutors to file an objection.
Long-Term Consequences of a Class A Misdemeanor Conviction
Although a Class A misdemeanor is less severe than a felony, a conviction can have substantial long-term consequences:
- Employment: Several employers conduct background checks and may be hesitant to hire a person who has a criminal record, particularly in positions involving finances or working with vulnerable populations.
- Housing: Landlords frequently check criminal record histories; a misdemeanor conviction may limit housing options or necessitate disclosure.
- Professional Licensing: Licensing boards like healthcare, trades, or regulated professions may deny, retract, or limit licenses based on a criminal record.
- Firearm Possession/Gun Ownership: Criminal convictions may influence eligibility to possess weapons depending on state and federal law.
- Immigration: For non-citizens, any criminal conviction can have significant immigration ramifications, which can affect visa status, green card applications, and naturalization proceedings. Certain misdemeanor convictions can even trigger deportation or denial of re-entry.
Other potential consequences include an impact on child custody determinations and revocation of driving privileges.
What to Do if You’re Charged with a Class A Misdemeanor in New Hampshire
Below are some practical steps to follow when charged with a Class A Misdemeanor in New Hampshire:
- Hire a Lawyer: An experienced defense attorney can explain an individual's rights, potential defenses, plea options, and whether diversion or alternative sentencing is applicable.
- Understand the Charges: The accused should carefully review the charging documents, noting the cited statutes, alleged facts, and potential punishments.
- Attend Every Court Date: Attendance is mandatory. Missing a court hearing can result in severe repercussions, including warrants and increased penalties.
- Organize Documentation: Gather any evidence that supports the case; photographs, witness accounts, receipts, etc.
- Stay in Communication: It is essential to ensure that you remain available to the court, prosecutor, and your attorney (if applicable). It is crucial to adhere to all pretrial conditions.
Statute of Limitations for Class A Misdemeanors in New Hampshire
According to RSA 625:8, most misdemeanor offenses in New Hampshire have a statute of limitations (i.e., the maximum limit to prosecute) of one year from the date the offense was committed. It is, however, worth noting that the statute allows for an extension in unique circumstances, such as when the offense is not immediately discovered.
| Offense Type | Statute of Limitations | Notes |
|---|---|---|
| Standard Class A Misdemeanor | 1 year | The default period under the RSA 625:8 applies to the most common misdemeanor offenses |
| Theft under the felony threshold | 1 year | State statute allows for extension for offenses involving breach of contract or fraud. |