First-Degree Felony in New Hampshire

In New Hampshire, first-degree felonies refer to severe versions of a felony offense. A felony typically becomes a first-degree under these conditions:

• The perpetrator showed an intent or premeditation to cause death or inflict grievous injuries.
• The perpetrator had one or more prior convictions for the offense.

Per Section 625:9 of New Hampshire laws, felonies are divided into unclassified, Class A, and Class B. The felony classification is based on the types of crimes, penalties, and number of prior convictions. Unclassified felonies contain the most severe crimes, while Class A and B contain relatively less severe crimes.

Generally, most first-degree felonies fall under unclassified and class A felony groups. For example, unclassified felonies include first-degree crimes like murder, sexual assault, and drug-related offenses.

Public Access to First-Degree Felony Records in New Hampshire

In New Hampshire, most first-degree felony records can be easily accessed by persons or entities. The state’s public entities provide options for obtaining the records.

For instance, you can look up felony case records via an online searchable platform maintained by the New Hampshire Judicial Branch website. Likewise, the state’s district court hosts an online database of district case files. Inquirers must provide relevant data to view records on these platforms.

In contrast, inquirers may obtain physical copies of first-degree felony records by sending a mail or in-person request to the courthouse that handled the case. In most cases, the clerk of the superior court handles such requests. However, court clerks may require payments for searching and generating copies of requested documents.

Common Crimes Classified as First-Degree Felonies in New Hampshire

New Hampshire classifies the following crimes as first-degree felonies:

• Murder
• Assault
• Felonious aggravated sexual assault.
• Burglary
• Kidnapping

Information about first-degree felony incidents is accessible via the FBI’s Crime Data Explorer. The online database contains information on documented first-degree incidents in New Hampshire. Per the agency’s report, New Hampshire recorded 833 aggravated assaults, 407 rapes, and 14 murders.

Prison Sentences and Fines for First-Degree Felonies in New Hampshire

In New Hampshire, persons convicted of first-degree felonies may face sentences between seven years and the death penalty. The state courts may also impose fines up to $500,000 for specific first-degree offenses.

The sentencing is usually dependent on the crime type, number of prior convictions, and aggravating circumstances during the crime. So, persons convicted of first-degree murder with aggravated circumstances may get the death penalty. In contrast, kidnapping convicts may receive between seven years and a life sentence based on the circumstances around the incident.

The number of prior convictions is also a determining factor when the court imposes penalties. For instance, first-time aggravated felonious sexual assault offenders may receive up to 20 years of jail time, while third-time offenders may get life imprisonment without the possibility of parole.

What is the Maximum Sentence for a First Degree Felony in New Hampshire?

In New Hampshire, the death penalty is the maximum sentence for a first-degree felony. Note that the death penalty only applies to first-degree murder with aggravating circumstances. In most cases, the maximum penalty for first-degree felonies is life imprisonment.

The court may also impose a maximum penalty by considering the crime severity and the number of prior convictions. Case in point: a first-time felonious sexual assault offender will receive a maximum of 20 years in jail. However, second-time and third-time offenders may get the maximum of 40 years and life imprisonment, respectively.

What is First Degree Murder in New Hampshire?

Under Section 630:1-a, one commits the crime of first-degree murder when:

• They intentionally killed another.
• They killed another while committing or attempting to commit a felonious sexual assault.
• They killed another while committing or attempting to commit a robbery or robbery with the aid of a deadly weapon;
• They killed another while perpetrating or attempting to perpetrate an arson.

First-degree murder carries the most severe penalties under the New Hampshire laws. Persons convicted of first-degree murder will get life imprisonment without parole. In some cases, the court may impose the death penalty if there were aggravating circumstances during the incident.

Can First Degree Felony Records Be Sealed or Expunged in New Hampshire?

In New Hampshire, you can seal all first-degree felony records that did not result in a conviction. Sealed documents remain visible to criminal justice agencies and other eligible parties.

However, not all first-degree felony conviction records can be sealed or expunged. The state statutes prevent the sealing of violent crimes and crimes that involve the obstruction of justice. Thus, offenders are unable to expunge or seal first-degree murder, aggravated felonious sexual assaults, and witness tampering.

Persons convicted of eligible first-degree felonies must wait for a specific timeframe, which is determined by the felony class. You must wait 10 years post-conviction to apply for the sealing of Class A felonies. On the other hand, convicted offenders must wait 5 years to seal class B felonies.

Difference Between First-Degree and Second-Degree Felonies in New Hampshire

In New Hampshire, first- and second-degree felonies are quite different in terms of their penalties, crime type, and severity. First-degree felonies typically include extremely severe crimes that significantly impact lives and property. The crimes also reveal the offender’s intent or premeditation to kill or to inflict grievous physical injury. Persons convicted of first-degree felonies may receive sentences ranging from 7 years to the death penalty.

In contrast, second-degree felonies are relatively less severe. The crimes often lack the intent or premeditation commonly associated with first-degree felonies. Although the crime may lead to death or injury, they are often a result of extreme recklessness.

The number of prior convictions is also a major difference between first- and second-degree felonies. For example, it’s a first-degree felony if you have two prior convictions for aggravated felonious sexual assault.

Statute of Limitations for First-Degree Felony Charges in New Hampshire

The statute of limitations is the timeframe within which a prosecutor can file charges for an offense. In New Hampshire, the statute of limitations is seven years from the incident date or discovery date.

Note that some first-degree felonies do not have a statute of limitations. This means prosecutors or victims can file charges at any time after the incident. First-degree felonies with no statute of limitations include murder and aggravated felonious sexual assaults involving a minor.

Probation and Parole Eligibility for First-Degree Felonies in New Hampshire

In New Hampshire, inmates convicted of first-degree felonies may qualify for parole. Note that the court often includes the option for parole during sentencing. The court generally requires offenders to complete the minimum sentence for the offense before they are eligible for parole. In addition, offenders may become eligible for medical parole if:

• They are medically certified to be physically incapacitated.
• They have a health condition that prevents them from performing their daily activities.
• They are terminally ill.

New Hampshire courts have the right to impose probation as an alternative to a prison sentence. Court judges may grant probation after reviewing crime severity, prior convictions, and circumstances around the case. The probation may run for the duration of the sentence imposed for such offenses. Note that the court may reverse the probation if the offender flouts the court’s imposed conditions.

Impact of a First-Degree Felony Conviction on Criminal Records in New Hampshire First-degree felony records are publicly accessible, and this may lead to severe and lasting consequences for record subjects. For instance, offenders may face discrimination during job applications. Some employers may flat out refuse applications from persons convicted of first-degree felonies. For instance, a healthcare or education institution may deny applications from convicted sexual assault convicts.

Other consequences of first-degree felony convictions include the following:

• Loss of civil rights, such as the right to vote or to bear firearms. In most cases, inmates regain the right to vote after completing their sentence.
• Difficulty in renting or buying properties. Convicted first-degree offenders may find it too difficult to rent or purchase properties in specific districts or neighborhoods.
• Lower chances of obtaining visas to other countries. Some countries may conduct background checks to determine your eligibility.