What Is a Third-Degree Felony in New Hampshire?

New Hampshire third-degree felonies refer to offenses listed under Class B felonies. Such crimes have the least severity and typically lack the intent or premeditation to cause severe injury or death. Third-degree crimes might also refer to first-time convictions.

Unlike some US states, New Hampshire does not use degree-based classification for felony offenses. Instead, Section 625.9 of New Hampshire Laws classifies felonies into unclassified, Class A, and Class B. These felony classes are based on the severity of the crime, the number of prior convictions, and the type of crime. An unclassified felony, such as murder, is the most serious felony and carries the harshest penalty. However, Class B felonies contain the least severe felonies.

Common Offenses That Fall Under Third-Degree Felony Charges

In New Hampshire, types of crimes classified as third-degree or Class B felonies include the following:

• Assault: Assault is a Class B felony if the offender recklessly or knowingly causes severe bodily injury to another. The state also classifies it as a Class B felony if the offender used a deadly weapon, except a gun, to perpetrate the act. Section 631.2.
• Forgery: Forgery becomes a Class B crime if the offender forges a government-issued revenue stamp, security, or any other instrument. You are also guilty of a third-degree forgery if the forged document is a stock, check, or bond that claims interest in a property or enterprise. Section 638.1.
• Domestic violence: Per Section 631:2-b, domestic violence is a third-degree felony if the perpetrator uses a deadly weapon to inflict injury on a family or household member.
• Computer crime: A computer crime is a Class B felony if the damage to the computer system or services is valued between $1,000 and $1,500. It’s also a Class B felony if the offender’s conduct creates a risk of severe injury to another person. Section 638:18

Penalties and Sentencing for Third-Degree Felonies in New Hampshire

Persons convicted of a third-degree felony may receive sentences up to 7 years and/or pay fines up to $4,000. Note that the penalties may vary based on the crime severity, the number of prior convictions, and the circumstances around the incident. For instance, an offender is likely to receive a maximum sentence if the offense involves elements of violence.

The court may also increase the penalties based on the circumstances surrounding a criminal incident. Burglary is a third-degree felony that attracts a maximum of 7 years in jail. However, the penalty increases to a 15-year maximum sentence if the offender burgles an occupied structure.

Under New Hampshire Revised Statutes, an offender may qualify for probation if the court determines that the offender would receive better assistance through a diversion program.

Will You Go to Jail for a Third-Degree Felony in New Hampshire?

Yes, a third-degree felony attracts jail time in New Hampshire. Offenders may receive sentencing along with fines, depending on the crime type. A third-degree felony attracts up to seven years in a state correctional facility.

Note that the sentencing may differ, as first-time offenders are more likely to receive the minimum sentencing. Offenders might also qualify for probation, which is an alternative to serving time in jail. The probation may last for up to five years. Offenders are required to complete the conditions of the probation before the court can dismiss the case.

How Long Does a Third-Degree Felony Stay on Your Record?

New Hampshire’s felony records do not have an expiration date. In other words, they remain accessible to all parties indefinitely.

These records may have a severe and lasting impact on a record subject’s personal and social life. For example, employers may refuse applications from persons convicted of violence- or sex-related offenses.

Offenders may also struggle to purchase or rent homes in certain neighborhoods or districts. Housing authorities may refuse to rent out or sell properties to persons convicted of sex-related felonies.

• Other consequences of third-degree felonies include:
  • Temporary or permanent loss of civil rights, such as the right to own firearms.
  • Reject visa applications to visit specific countries.
  • Higher auto insurance rates for persons convicted of DWI-related crimes.

Nevertheless, offenders may receive relief in the form of expungement or record sealing. These processes enable you to remove your records from all publicly accessible domains.

Can a Third-Degree Felony Be Sealed or Expunged in New Hampshire?

Yes, offenders may seal or expunge all felony records that did not lead to a court conviction. There is also no time limit to when you can expunge such records. Examples of non-conviction records include dismissed arrest records and court cases that ended in not-guilty verdicts.

However, not all felony conviction records are eligible for record sealing or expungement. The court will deny expungement requests for convictions of violent- and sex-related crimes. Additionally, offenders are unable to expunge crimes that involve obstruction of justice, such as witness tampering.

Persons eligible to expunge conviction records must wait for five years after the conviction date.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

In New Hampshire, third-degree or Class B felonies differ in terms of severity and corresponding penalty. A third-degree felony is less severe since it rarely leads to loss of life. In addition, it lacks the maliciousness typically found in more severe felonies.

In contrast, first- and second-degree crimes are the most severe and may attract the harshest penalties. Such crimes typically reveal an intentionality to cause severe injuries or death. Persons convicted of such crimes may receive sentences of up to life imprisonment. Offenses like first-degree murder may incur the death penalty, depending on the circumstances around the incident.

How to Look Up Third-Degree Felony Records in New Hampshire

Most third-degree felonies are accessible through resources or options provided by government entities in New Hampshire. These entities are responsible for offering online or offline access to records under their custody.

For example, the New Hampshire Judicial Branch hosts an online searchable database for court records. Inquirers may view records on the platform by providing relevant search information. In contrast, you may obtain physical copies of court documents from the clerk of the court that handled the case. The superior court clerks often act as the official record keepers for court documents generated within a county. Inquirers may send a mail-in or an in-person request to obtain records from the court clerks.

Probation and Parole for Third-Degree Felony Offenders

Individuals convicted of third-degree felonies may be eligible for parole or probation in New Hampshire. Per Section 651-A:6, an offender typically becomes eligible for parole after completing the minimum sentence for the offense. The state might also consider an offender for parole under these conditions:

• They are terminally ill.
• They are medically certified to be physically or mentally incapacitated.
• They have a medical condition that prevents them from conducting day-to-day activities.

New Hampshire courts may impose probation as an alternative to prison sentences. Court judges may grant probation after considering factors such as the offender’s past criminal convictions and the severity of the offense. The probation may run for up to five years.