New Hampshire Felony: Laws, Penalties, Sentencing, and Records

In New Hampshire, a felony is a serious offense that can lead to more than a year in state prison. Felonies are the most serious types of crimes according to New Hampshire law. These crimes carry significant consequences, including lengthy prison sentences, substantial fines, limitations on civil rights, and permanent criminal records.

New Hampshire categorizes felonies into Class A and Class B. However, certain offenses, like murder, are labeled as unclassified felonies and have their specific penalty ranges.

What Is Considered a Felony in New Hampshire?

Felonies in New Hampshire are defined under the New Hampshire Revised Statutes Annotated (RSA, Title LXII – Criminal Code). Common New Hampshire felonies include:

• Violent Crimes: Murder, manslaughter, rape, armed robbery, aggravated assault, kidnapping.
• Drug Crimes: Manufacturing, distribution, and trafficking of controlled substances.
• Property Crimes: Arson, burglary, auto theft, and theft of property worth $1,500 or more.
• White-Collar Crimes: Fraud, embezzlement, forgery, and identity theft.
• Weapons Offenses: Felon in possession of a firearm, armed criminal conduct, unlawful firearm trafficking.

Some minor crimes can turn into felonies if certain factors are involved. For instance:

• Theft worth less than $1,500 is considered a minor offense, but if the value exceeds that amount, it becomes a felony.
• Assault is classified as a serious crime if it involves a weapon that can kill or result in significant physical harm.

What Is a Felony in New Hampshire?

In New Hampshire, a felony is defined as any crime that can lead to a punishment of over one year in the New Hampshire State Prison. On the other hand, misdemeanors are crimes that can result in a maximum of one year in county jail.

Consequences of being convicted of a felony in New Hampshire include:

• Prison sentences ranging from 1 year to life.
• Fines up to $4,000 for Class B felonies and higher amounts for Class A felonies.
• Loss of rights, including the right to vote while incarcerated.
• Permanent criminal record, which impacts employment and housing opportunities.

Felony Classes and Penalties in New Hampshire

New Hampshire organizes felonies into Class A, Class B, and unclassified felonies.

New Hampshire Felony Classes

• Unclassified Felonies
  • Unclassified felonies in New Hampshire generally include murder and other crimes with unique statutory penalties.
  • Penalty: Anyone convicted of these crimes faces life imprisonment, with or without parole.
• Class A Felony
  • Class A felonies include manslaughter, aggravated assault, first-degree burglary, and major drug trafficking.
  • Penalty: This category of offense typically attracts a prison sentence of 7.5 to 15 years. Serious Class A felonies can attract up to 30 years imprisonment.
  • Fine: Offenders may also be required to pay a fine of up to $4,000, though some statutes impose higher fines.
• Class B Felony
  • Class B felony includes mid-level theft, forgery, lower-level drug crimes, and certain weapons violations.
  • Penalty: This category of offense typically attracts a prison sentence of 3.5 to 7 years.
  • Fine: Offenders may also be required to pay a fine of up to $4,000.

Felony Sentencing Guidelines in New Hampshire

In New Hampshire, felony sentencing is based on statute. However, sentences can be influenced by the judge's discretion and the required minimum sentences for specific offenses.

Key Sentencing Factors

1. Statutory Penalties: Each felony class has its prison and fine ranges.
2. Mandatory Minimums: This refers to the minimum prison sentence for each category of felony convictions.
3. Aggravating Factors: These are factors that can increase the severity of a felony sentence. For instance, repeat offenses can result in severe penalties.
4. Mitigating Factors: Mitigating factors are conditions that can reduce the severity of a felony sentence. For instance, a court may reduce a felony sentence if the individual is a first-time offender.
5. Habitual Offender Law: New Hampshire’s habitual offender statute (RSA 259:39) can lead to enhanced penalties for repeat offenders, including lengthy prison terms.
6. Probation and Parole: Certain offenders, particularly those charged with nonviolent Class B felonies, may qualify for probation. The New Hampshire Adult Parole Board determines parole eligibility.

Felony Laws and Procedures in Major New Hampshire Cities

Manchester (Hillsborough County)

Felony prosecutions in Manchester are handled by the Hillsborough County Superior Court (Northern District). This court hears different cases involving violent crimes, narcotics trafficking, and property crimes. Records are available through the Hillsborough County Clerk or the New Hampshire Judicial Branch.

Nashua (Hillsborough County)

Felony cases in Nashua fall under the Hillsborough County Superior Court (Southern District). This court oversees large caseloads of drug and property crimes. Records are accessible via the county clerk’s office.

Concord (Merrimack County)

Felonies in Concord are tried in the Merrimack County Superior Court. This court hears various cases, including burglary, assault, and white-collar offenses. Records can be obtained through the Merrimack County Clerk.

How to Search for Felony Records in New Hampshire

New Hampshire provides access to felony records through court and law enforcement systems.

1. New Hampshire Judicial Branch Case Access Portal

The NH Judicial Branch portal allows public access to felony records by name, case number, or attorney. Records include:

• Case number and docket history.
• Charges filed.
• Court location.
• Case outcomes and sentencing.

2. Superior Court Clerk’s Offices

Certified felony case files must be requested directly from the Clerk of Superior Court in the county where the felony was prosecuted.

3. New Hampshire State Police – Criminal Records Unit

The Criminal Records Unit provides statewide criminal history checks, including felony convictions. Fingerprint-based checks are available for employers, licensing boards, and individuals.

4. Local Police Departments

Police maintain arrest reports and booking information. Requests can be made under the New Hampshire Right-to-Know Law.

5. Third-Party Background Checks

Private services also offer New Hampshire felony record searches, but official court and State Police sources are the most reliable.

Open vs. Sealed Records

• Open Records: The majority of felony convictions are public.
• Annulment (Expungement): In New Hampshire, you can get some felony convictions annulled after a waiting period (usually 10 years for Class A felonies and 5 years for Class B). However, violent crimes, sex offenses, and serious drug felonies typically cannot be annulled.

Why Understanding Felonies in New Hampshire Matters

In New Hampshire, having a felony conviction can have lasting effects that extend beyond serving time in prison or paying fines. These convictions can take away certain rights, make it harder to find jobs, and impact housing and professional licenses. It's essential for individuals, employers, and organizations to know about the felony laws, penalties, and how to access records in New Hampshire.

In New Hampshire, felonies are categorized into Class A and Class B. There are also unclassified felonies like murder. Punishments for felonies vary from 3.5 years in prison for Class B felonies to life sentences for murder. Sentencing follows statutory guidelines, includes mandatory minimums, and considers enhancements for repeat offenders.

You can look up felony records via the New Hampshire Judicial Branch portal. Alternatively, you can contact your Superior Court Clerk or visit the State Police Criminal Records Unit. This process promotes public transparency while also allowing for limited annulment of eligible convictions.