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LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
Experience:  Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
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i got a 2 class a misdemeanors that i have to go to court ...

Resolved Question:

i got a 2 class a misdemeanors that i have to go to court for,
In Franconia, NH

1. Resistion Detention
2. Simple Assault
what kind of penalty should i expect?
fines? probation?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  LawEnforcement4you replied 9 years ago.

I have included below the relevant sections of the NH statues you inquired about.

The penalty for a class A Misdemeanor is not more than one year in jail. This is the maximum and does not mean that you will serve any time. Unless a plea deal is made the final sentence is up to the judge, but cannot exceed one year per charge.

The judges usually take into account, past record and the specific facts of the case, including if anyone was injured.

The amount of the fines, court costs or probation are not specifically outlined in the below statues and are usually a function of the local courts practice and your past record.

RSA 631:2-a Simple Assault. -
I. A person is guilty of simple assault if he:
(a) Purposely or knowingly causes bodily injury or unprivileged physical contact to another; or
(b) Recklessly causes bodily injury to another; or
(c) Negligently causes bodily injury to another by means of a deadly weapon.
II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.

Source. 1979, 126:3, eff. Aug. 4, 1979.

RSA 642:2 Resisting Arrest or Detention. -
A person is guilty of a misdemeanor when the person knowingly or purposely physically interferes with a person recognized to be a law enforcement official, including a probation or parole officer, seeking to effect an arrest or detention of the person or another regardless of whether there is a legal basis for the arrest. A person is guilty of a class B felony if the act of resisting arrest or detention causes serious bodily injury, as defined in RSA 625:11, VI, to another person. Verbal protestations alone shall not constitute resisting arrest or detention.

Source. 1971, 518:1. 1983, 347:2. 1992, 85:1. 1995, 237:3, eff. Jan. 1, 1996. 2007, 191:1, eff. Jan. 1, 2008.

(a) A class A misdemeanor is:
(1) Any crime so designated by statute within or outside this code and any crime defined outside of this code for which the maximum penalty, exclusive of fine, is imprisonment not in excess of one year; or
(2) Any crime designated within or outside this code as a misdemeanor, without specification of the classification.

I hope this helps you. Anything else let me know.



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