Nashua Physical Assault Attorney

Aggressive Legal Representation in Southern Hampshire

Criminal charges can be devastating. Physical assault charges have a stigma and carry lifelong consequences. At Bernazzani Law, we understand what is at stake in criminal cases and provide support and legal guidance when our clients need it most. Attorney Tony Naro is a successful attorney who has successfully assisted countless clients with their cases and fought fearlessly for their futures.

Call our Nashua physical assault lawyer at (603) 261-2214 to find out how we can fight for you.

Understanding Assault

Assault charges can range from misdemeanors to felonies depending on the degree of harm caused or other aggravating factors.

NH Simple Assault

In New Hampshire, simple assault is the act of causing bodily injury or unprivileged contact with another person.

Types of Simple Assault

Unprivileged Physical Contact

A person who makes unprivileged physical contact with another person may be charged with simple assault. By its plain meaning "unprivileged physical contact" includes all physical contact not justified by law or consent. Clearly, not all unprivileged physical contact entails causing or attempting to cause bodily injury and therefore this variant of simple assault does not necessarily involve as an element an "act of violence.”

"Privilege" is defined as a right or immunity granted as a peculiar benefit, advantage, or favor. Privilege can serve as an affirmative defense by which a defendant acknowledges at least part of the conduct complained of but asserts that the defendant's conduct was authorized or sanctioned by law.

Bodily Injury

A person could be charged with simple assault if they purposely, knowingly, or recklessly cause bodily injury to another person. When an individual acts recklessly they are aware of the potential risks associated with their behavior and disregard them resulting in injuries to someone else.

The defining factor in these cases is establishing whether the individual’s behavior was beyond that of a law-abiding person. In other words, if the behavior were compared with that of a regular citizen, it should be out of the ordinary enough to justify a criminal charge.

Bodily Injury by Means of a Deadly Weapon

A person can also be charged with simple assault if they negligently cause bodily injury to another by means of a deadly weapon. In New Hampshire, a deadly weapon is “any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.”

Mutual Combat

In New Hampshire, simple assault is a violation if committed in a fight which was entered into by mutual consent. This is commonly referred to as “mutual combat” and is a no-criminal offense.

Second Degree Assault

As mentioned previously, assault resulting in serious bodily injury or assault with a weapon may elevate a simple assault charge to a felony. Second degree felony assault cases may result in a state prison sentence of up to three ½ to 7 years, and potentially more if other aggravating factors are present.

Additionally, assault against a protected group is considered a hate crime. Hate crimes are criminal ats targeted to individuals based on their ethnicity, race, creed, gender, sexual orientation, or religion. These crimes represent an attack on civil liberties and are treated harshly in court.

First Degree Assault

According to the New Hampshire criminal code, a person may be guilty of first-degree felony assault if they purposefully cause serious bodily injury by means of a deadly weapon. Additionally, if the assault causes a miscarriage or stillbirth, it could be considered assault in the first degree. Inflicting serious bodily injury on a person 13 years or younger is considered felony assault as well. The maximum penalty for first degree assault is 7/12 to 15 years in prison. As with second degree assault, the penalty range may increase if certain aggravating factors are present.

Assault and Domestic Violence

Assault against a family or household member is considered domestic violence. Domestic violence is a serious charge that can be punishable by incarceration, fines, and loss of custody and visitation. Not only are domestic violence charges serious, but they will result in a loss of your Second Amendment right to bear arms and may also impede a person’s parenting rights.

Defenses to Assault Prosecutions

There are a number of common defenses to assault charges. The most common is self-defense, defense of others, and defense of property. However, the evidence in some cases may call for a claim that the accused was misidentified, has an alibi, or was privileged to make physical contact with the alleged victim.

In cases where parents are accused of assaulting their children, the defense of lawful corporal punishment may be appropriate. These are considered cases of physical force by people with special responsibilities. These individuals may be parents, teachers, guardians, or adults in other authoritative capacities.

Protect Your Rights

If you have been charged with assault, you have the right to an attorney. At Bernazzani Law we believe that those accused of a crime deserve high caliber legal representation. Our attorneys have over 25 years of experience advocating for clients in and out of the court room and can provide critical support during this difficult time.

If you have been accused of assault, contact our Nashua physical assault attorney.