What is a Second Degree Felony in New Hampshire?

In New Hampshire, a second-degree felony corresponds to a Class B felony. Class B felonies are serious offenses less severe than Class A felonies but much more serious than misdemeanors. The types of crimes classified as Class B felonies are outlined across different provisions of the New Hampshire Revised Statutes.

Common of a second-degree felony is Second-Degree Assault under RSA 631:2. The statute states that causing serious bodily injury knowingly or recklessly, injuring a young child under age 13, or engaging in strangulation are all Class B felony offenses. Another example is Burglary under RSA 635:1, which is a Class B felony when someone unlawfully enters or remains in a building with intent to commit a crime therein, unless aggravating factors such as use of a deadly weapon, injury, or nighttime entry into a dwelling elevate it to a Class A felony.

Which Crimes Are Considered Second Degree Felonies in New Hampshire?

Under New Hampshire law, several Class B felonies are classified as second-degree felonies. The following offenses are commonly prosecuted under this category, each linked to the governing statute:

• Second-Degree Assault (RSA 631:2): This crime occurs when a person knowingly or recklessly causes serious bodily injury. It also applies when harm is caused with a deadly weapon other than a firearm, when injury is inflicted on a child under thirteen, or when conduct negligently or recklessly causes a miscarriage or stillbirth. Strangulation is also expressly covered under this statute.
• Burglary (RSA 635:1): Entering a building or occupied structure unlawfully with intent to commit a crime is treated as a Class B felony. If aggravating circumstances exist such as entering a dwelling at night, carrying a deadly weapon, or causing injury - the offense rises to a Class A felony.
• Certain Controlled Substance Violations (RSA 318-B:26): Possession, transportation, sale, or intent to distribute controlled substances in Schedules I–IV may qualify as a Class B felony, particularly for first-time violations without aggravating factors.
• Organized Retail Crime Enterprise (RSA 637:10-c): Conspiring with others to carry out retail theft operations is classified as a Class B felony.
• Theft Crimes Based on Value (RSA theft statutes): Theft involving property worth more than $500 but under $1,000 is generally prosecuted as a Class B felony.
• Second Degree Murder (RSA 630:1-b): A homicide committed knowingly, or recklessly with extreme disregard for human life, is defined as second-degree murder. Although not categorized as a typical Class B felony, New Hampshire law treats it as a second-degree offense.

What is Second Degree Murder and How is it Classified in New Hampshire?

In New Hampshire, second-degree murder (RSA 630:1-b) is defined as causing another’s death either knowingly or by engaging in reckless conduct that demonstrates extreme disregard for human life. The statute covers killings that lack premeditation but demonstrate a pronounced disregard for life.

The distinction between first-degree and second-degree murder rests on planning and intent. RSA 630:1-a defines first-degree murder as deliberate conduct, which includes premeditation, lying in wait, or causing death during the commission of another serious crime such as armed robbery or rape. Second-degree murder lacks this degree of forethought. It covers killings that are intentional but not preplanned, or deaths caused by reckless behavior so extreme that it results in the loss of life.

Manslaughter (RSA 630:2) ranks below both offenses in severity. It covers deaths caused by reckless conduct or strong emotional disturbance, such as acting in the heat of passion after provocation. Unlike second-degree murder, manslaughter does not involve the same extreme indifference to human life. State law separates killings into levels: first-degree as the most intentional, second-degree as serious but less preplanned, and manslaughter as reckless or provoked.

New Hampshire Second Degree Felonies Penalties and Punishments

New Hampshire law divides felonies into Class A and Class B, with Class B (Second Degree) considered less serious but still severe. Under RSA 651:2, the statutory penalty for a Class B felony includes up to seven years in prison and fines up to $4,000. These are not fixed penalties. Sentencing depends on the nature of the crime and the defendant’s prior record, with judges allowed significant discretion.

Typical punishments for a Class B felony conviction include:

• Imprisonment: Maximum of seven years in state prison. Courts may set a minimum term not exceeding half the maximum. No mandatory minimum applies unless aggravating factors are present.
• Fines: Up to $4,000, imposed alone or with imprisonment, probation, or conditional discharge (RSA 651:2, IV(a)).
• Probation: Supervised release for up to five years, either as a condition of a suspended sentence or on its own.
• Alternative sentences: Conditional or unconditional discharge, restitution, or public service. Conditional discharges may last up to three years.

Enhanced penalties apply when circumstances are more severe:

• Use of a firearm (RSA 651:2, II-g): Mandatory minimum of 3 years for first-time offenders, 6 years for repeat offenders, with maximums up to 20 years.
• Habitual offender (RSA 262:23): Driving after certification as a habitual offender is a second degree/Class B felony, carrying up to five years.
• Armed Career Criminal (RSA 159:3-a): Possession of a firearm after three qualifying felonies mandates 10–40 years in prison.

Are Second Degree Felony Records Public in New Hampshire?

Yes. New Hampshire Supreme Court Rules and RSA 91-A treat court and criminal records as generally open to the public but allow confidentiality or sealing under certain circumstances. Rule 12 requires that pleadings, docket entries, and related filings be available for public inspection unless they are confidential by statute, court rule, or court order. RSA 91-A:5 lists categories of records that are exempt from public disclosure under the Right-to-Know Law.

Key exemptions:

• Juvenile case records are confidential under statutes like RSA 169-B:35.
• Records filed or maintained in child welfare or services cases under RSA 170-G:8-a are confidential.
• Records involving internal personnel matters, medical or welfare information, and other files whose disclosure would invade privacy.
• Preliminary drafts, notes or memoranda not in final form or not available to a majority or quorum of a public body.

How to Access Second Degree Felony Court Records in New Hampshire

In New Hampshire, Superior Courts oversee felony prosecutions, while Superior and Circuit Court District Divisions conduct preliminary hearings. To obtain felony records, contact the clerk’s office of the appropriate court by phone or in person to confirm availability and procedures.

For online access, conviction and other second-degree felony records can be obtained through the Judicial Branch Case Access Portal. The process requires registration:

• Click “Register” at the top of the Case Access Portal homepage.
• Complete the electronic registration form and select “Next”. A mobile number is optional but requires a provider if entered.
• Submit the form, then click “Finish”. Within minutes, an email confirmation will arrive.
• Open the confirmation email, use the “Case Access Portal” link, and click “Log In”.
• Input the registered credentials, choose the proper role, list the case numbers, accept the terms, and proceed to locate the records.

Records seeking parties should try to adhere to confidentiality laws and privacy limits when reviewing court files.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, second-degree (Class B) felony charges may sometimes be reduced or dismissed. This, however, depends heavily on the specific facts of each case, strength of evidence, and the quality of legal representation.

• Plea bargains are one common route. If the prosecution spots flaws in its case, like shaky witnesses or weak evidence, it may propose a resolution: lower charges, recommend a lighter sentence, or dismiss select counts. Effective defense counsel can negotiate these terms.
• Charge reduction may occur when elements of a felony are hard to prove, or when mitigating factors exist (e.g. lack of prior crimes, cooperation, showing remorse). The court must approve any reduction.
• Dismissal is possible under Rule 11 of the New Hampshire Rules of Criminal Procedure. For example, if a defendant withdraws a guilty plea, the judge may dismiss the indictment or complaint unless the state shows good cause.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in New Hampshire?

In New Hampshire, certain second-degree felony or second-degree murder records that did not lead to a conviction may be eligible for annulment, subject to a 30-day waiting period. Eligible cases include:

• Charges dismissed by the court
• Cases not prosecuted (nol prossed)
• Findings of “not guilty”

For individuals with second-degree felony or second-degree murder convictions, annulment remains possible but strictly limited under RSA 651:5. State law confirms annulment is a matter of judicial discretion, not a guarantee, and certain convictions cannot be cleared. Convictions for violent offenses, including second-degree murder, are expressly excluded under RSA 651:5, V. This rule extends to the full criminal record: any violent crime conviction bars annulment of other otherwise eligible offenses.

For qualifying second-degree felony convictions, a five-year waiting period follows completion of all sentencing requirements. Petitioners should file a formal annulment request with the court that handled the case. Legal counsel is essential to ensure eligibility, correct filing, and navigation of judicial discretion.

How Long Do Second Degree Felony Records Stay Public in New Hampshire?

Indefinitely. In New Hampshire, records of second-degree felonies are kept by all relevant government agencies and logged in applicable state and federal databases. These records remain accessible to the public indefinitely unless annulled. Annulment removes them from public access, clearing the record across every government-held database and official repository.