New Hampshire Second-Degree Murder

In New Hampshire, there are four types of criminal homicide: first-degree murder, second-degree murder, manslaughter, and negligent manslaughter. New Hampshire law used to recognize capital murder, but lawmakers abolished the death penalty in 2019. Today, the most severe penalty for people guilty of a homicide is life imprisonment without the possibility of parole.

This article discusses New Hampshire’s second-degree murder laws. It also explains the difference between first-degree and second-degree murder before delving into the penalties and possible defenses.

If you’re facing charges for second-degree murder, negligent homicide, or any other violent crime, consider contacting a skilled New Hampshire criminal defense lawyer. We’ve also supplied links to useful FindLaw articles on similar topics at the bottom of this page.

First-Degree Murder vs. Second-Degree Murder

Every state has precise definitions of first-degree murder and second-degree murder. The primary distinction between the two is whether the defendant commits the act with premeditation (planning).

Both first-degree and second-degree murder involve an intentional act that causes the death of another person. New Hampshire’s criminal code defines first-degree murder as an unlawful killing that is premeditated and willful.

Second-degree murder, on the other hand, is the unplanned intentional killing, one that involves a reckless disregard for human life.

New Hampshire’s Second-Degree Murder Laws: Summary

The state’s second-degree murder laws are in the New Hampshire Revised Statutes. It can be difficult to understand these statutes unless you’re a criminal defense lawyer. The table below outlines the specifics of New Hampshire’s second-degree murder law in plain English.

Second-Degree Murder vs. Manslaughter

There are times when a crime that would otherwise constitute second-degree murder will qualify as the lesser crime of manslaughter in New Hampshire. If the defendant kills someone while experiencing an extreme mental or emotional disturbance caused by extreme provocation, the offender is guilty of manslaughter instead of second-degree murder.

For example, if a person comes home and finds their spouse in bed with a lover and kills one of them in the heat of passion, the court may find that they acted under an emotional disturbance sufficient to reduce the charge to manslaughter.

The penalty for manslaughter in New Hampshire is up to 30 years in prison.

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

A New Hampshire Criminal Defense Lawyer Can Help

If you’re facing criminal charges, you owe it to yourself to consult an experienced defense attorney. Whether you’re dealing with a murder charge or any other felony, you’ll need a criminal law expert to help achieve an acquittal or favorable plea bargain.

Whether you live in Concord, Manchester, or Dover, there are experienced criminal defense attorneys near you. You should contact one as soon as possible after your arrest. Your attorney will gather whatever evidence they can to fight your homicide charges and achieve the best possible outcome.

Related FindLaw Resources

• Attempt, Conspiracy, and Aiding
• First-Degree Murder Overview
• Voluntary Manslaughter Overview
• Involuntary Manslaughter Overview