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By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 19, 2024
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Title XVII of the New Hampshire Statutes contains the state's Criminal Code. This includes all the criminal laws in New Hampshire as well as sentencing guidelines and legal defenses.
Criminal offenses are classified as felonies (for crimes with potential prison time of over one year) and misdemeanors (for crimes with no more than one year of possible jail time). Violations are lesser offenses that aren't considered crimes and carry no possibility of jail time. These include minor traffic infractions, public urination, and disorderly conduct.
New Hampshire is considered one of the safest U.S. states to live in. Both the violent crime rate and the incarceration rate are well below the national average. Reasons cited for the ranking include a low poverty rate, a low population count, and a lack of large cities.
If you run afoul of the law in New Hampshire, it's a good idea to know what legal challenges you'll face. FindLaw's New Hampshire Criminal Laws section explores the different types of offenses, the crime classification system used, the state's gun laws, and the right to self-defense. Links to dozens of articles focused on explaining specific crimes are located below for ease of access.
The New Hampshire Criminal Code breaks crimes into different categories for use by the attorney general and other state prosecutors. These classifications are useful for crimes that have different degrees of severity, such as assault or murder. Crimes range from abuse of office to theft:
The Codes also cover registering sexual offenders and ordering DNA testing of criminal offenders when appropriate.
Under New Hampshire law, criminal offenses are classified as either felonies or misdemeanors. Each type of charge has two different classes that have different limits for fines and length of incarceration. They are as follows:
Class A felony (includes kidnapping, sexual trafficking, and first-degree assault): Up to 15 years in prison and a fine of up to $4,000 ($100,00 for corporations)
Class B felony (includes a fourth DWI charge, computer fraud, and revenge porn): Up to seven years in prison and a fine of up to $4,000 ($100,000 for corporations)
Class A misdemeanor (includes domestic violence, stalking, unsworn falsification, and criminal mischief): Up to a year in jail and a fine of up to $2,000 ($20,000 for corporations)
Class B misdemeanor (includes rioting, resisting arrest by law enforcement, and deceptive business practices ): A fine of up to $1,200 ($20,000 for corporations)
Violations are not criminal offenses. They carry no chance of jail time and fines of up to $1,000.
Murder convictions have their own sentencing category and criminal penalties. Murder in the second degree carries a life sentence. Murder in the first degree is also a life sentence but without the chance of parole. New Hampshire abolished the death penalty in 2019. Crimes committed before the repeal are still subject to capital punishment.
Certain crimes carry enhanced penalties. If someone uses a firearm in the commission of a felony more than once, they receive an additional three-year sentence on top of the other sanctions. This isn't subject to suspension or being served concurrently. Any crime involving the manufacturing of methamphetamine where children may be present faces up to five years and a fine of $10,000 on top of other charges.
Any offense involving the operation of a motor vehicle is increased by one severity level if the defendant was using an electronic device such as a smartphone. This is an effort to improve public safety.
New Hampshire has some of the laxest gun control laws in the United States. They include no red flag or extreme risk protective order (ERPO) provisions, no universal background check, and no permit or registration requirements for concealed carry in public. People under active protection orders can't apply to purchase a firearm.
Permissive gun laws haven't kept New Hampshire from remaining one of the safest states to live in. This is despite a marked increase in the state's gun death rate since 2013.
For incidents involving non-lethal force, the state embraces the stand-your-ground approach through New Hampshire Revised Statutes Annotated (RSA) Section 627.4. This means that there's no duty to retreat when faced with an aggressor threatening a serious bodily injury or employing physical force. You won't face criminal charges for using self-defense unless you use unreasonable force.
However, immunity isn't available for the use of lethal force if there is a clear way to retreat and avoid the conflict. This doesn't apply under the castle doctrine, which occurs if the aggressor makes an unlawful entry into a dwelling. There's no duty to retreat in your home, and lethal force is justified if you fear that your life or the life of a loved one is in danger.
In criminal cases involving self-defense claims, the state of New Hampshire has to prove beyond a reasonable doubt that you were aware that either there was a path to escape or became the aggressor. Going to a superior court or supreme court hearing without legal representation is a bad decision. Talk to a criminal defense attorney.
Facing a jury trial without legal assistance is a huge misstep, as is pursuing a personal injury claim. Regardless of which side of the law you're on, having a skilled attorney is a necessity. A criminal defense attorney will help you against all the related offenses you're facing. If you've been harmed by another, a New Hampshire personal injury attorney can help you gain compensation for your injuries.