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New Hampshire First-Degree Murder

A homicide occurs any time somebody takes a human life. New Hampshire law recognizes four types of criminal homicide: first-degree murder, second-degree murder, manslaughter, and negligent homicide. The New Hampshire criminal code also recognized capital murder until 2019, when lawmakers in the state abolished the death penalty.

The most serious of homicide crimes is first-degree murder. First-degree murder involves a person causing the death of another person with intent, premeditation, and malice aforethought.

This article provides a brief outline of New Hampshire’s first-degree murder laws, including the penalties and defenses to this crime. If you’re facing first-degree murder charges, contacting an experienced criminal law attorney should be one of the first things you do.

New Hampshire Follows the Felony Murder Rule

In New Hampshire, the state can charge a person with felony murder if they kill someone during the commission of, attempt to commit, or the flight from a dangerous felony. Felony murder qualifies as first-degree murder in New Hampshire and carries the same penalties as any first-degree homicide.

The following criminal offenses qualify as dangerous and violent crimes for felony-murder purposes:

  • Kidnapping
  • Murder for hire
  • Aggravated felonious sexual assault
  • Murder of a law enforcement officer
  • Certain drug crimes

If your defense attorney successfully challenges the underlying felony charges, the state cannot convict you of felony murder.

First-Degree Murder in New Hampshire: Summary

The state criminal laws in the New Hampshire Revised Statutes can be challenging to understand due to the legalese they’re written in. The chart below highlights New Hampshire’s first-degree murder laws in plain English.

New Hampshire First-Degree Code Section

N.H. Rev. Stat Section 630:1-a

What Qualifies as First-Degree Murder in New Hampshire?

New Hampshire law defines first-degree murder as intentionally or knowingly causing the death of another person in at least one of the following situations:

  • While engaging in the furtherance of, or while attempting to commit, felonious sexual assault
  • While committing or attempting to commit robbery or burglary with a deadly weapon
  • While committing or attempting to commit arson
  • When the victim is a political figure, such as the president, vice president, governor, etc.
  • When the victim is a law enforcement officer or police officer in the line of duty
  • When the victim is a pregnant woman

Penalties for First-Degree Murder in New Hampshire

First-degree murder is a Class A felony and carries a punishment of life imprisonment without the possibility of parole.

Possible Defenses Against First-Degree Murder Charges in New Hampshire

  • Self-defense
  • Actual innocence
  • Insanity
  • Mental incapacity
  • Lack of intent or premeditation

Disclaimer: State laws change frequently. For information regarding New Hampshire’s first-degree murder laws, contact a local criminal defense lawyer.

An Experienced New Hampshire Defense Attorney Can Help

If you’re facing criminal charges, consider consulting an experienced New Hampshire attorney. Homicide charges can result in a lengthy prison sentence, including life in prison without the possibility of parole. A seasoned criminal defense lawyer can provide the best chance of achieving an acquittal or a favorable plea bargain.

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