Criminal threatening nh rsa

Criminal threatening nh rsa DEFAULT

Criminal Threatening

Criminal Threatening

Threatening Defense Lawyers

New Hampshire criminal law classifies criminal threatening as a crime. Criminal threatening is defined in RSA 631:4. There are many different types of conduct that could be considered criminal threatening, the most common of which are (1) placing or attempting to place another in fear of imminent bodily injury or physical contact, and (2) threatening to commit a crime against another person with the intent to terrorize them.

Generally speaking criminal threatening is a misdemeanor and can be punishable by up to a year in jail and a $2,000 fine if charged as a class A misdemeanor. In certain circumstances criminal threatening can be charged as a felony. One example of felonious criminal threatening is when the accused uses a deadly weapon to threaten another person. If charged as a felony criminal threatening can carry much more severe penalties.

Often criminal threatening can be charged as a crime of domestic violence. This could occur if the police respond to a heated dispute between two people who are in a sexual relationship, or who live together. If one is convicted of a crime of domestic violence this can impact one’s right to possess a firearm and could also impact one’s immigration status. In most circumstances criminal threats can support a petition for a restraining order as well.

If you’ve been charged with criminal threatening, don’t wait. The defense lawyers of Cohen & Winters can help — contact us today for a free consultation.


Sours: https://www.cohenwinters.com/practice-areas/criminal-defense/murder-and-serious-assaults/criminal-threatening/

Criminal Threatening in NH

All through 2010 and 2011, Criminal Threatening was a big topic in New Hampshire, after Ward Bird decided to wave his gun at an accidental trespasser. In light of this case, some additional light has been shed on the Granite State’s confusing laws surrounding the use of deadly and non-deadly force.

A key element of NH’s criminal threatening law is not the mental state of the of the individual making the threat, but the emotional state of the individual being threatened. In essence, if the victim is scared enough, it is a case of criminal threatening, regardless of the situation.

An Update to New Hampshire’s Criminal Threatening Law

A change was made to the criminal threatening statute in 2010 that will now allow an individual to display a firearm in the case where “a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person by another”.

The full-text of NH’s Criminal Threatening law (RSA 631:4) is available.

Have you been charged with criminal threatening in NH? Don’t hesitate to contact us for a free consultation of your case.

Sours: https://www.bbmlawyers.com/criminal-threatening-in-nh/
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Death Threat

If you have been accused of making a death threat against someone, you could be in a lot more trouble than you can imagine.

This could also be call criminal threatening. And there is a law in New Hampshire to cover this charge.

After you have been arrested on this kind of charge, you should call criminal defense attorney Michael Anzalone to help you get out of this bind that you’ve found yourself in.

In many cases, a death threat is probably just that. A treat, made out of anger. It’s probably not something that you intended to actually carry through with. But, nevertheless, a death threat is a death threat. And if the person you hurled the threat toward was scared you might cause harm, he or she probably called the police.

And that’s how you found yourself facing this situation.

What are the Penalties for a Death Threat?

The penalties can be harsh for someone accused of making a death threat, depending on the circumstances. This crime is laid out in the state’s criminal code, RSA 631:4.

For example, a person is guilty of criminal threatening in New Hampshire for a number of reasons. Chief among them are if the person tries to put someone else in fear of “imminent” bodily harm or physical contact.

There are many other reasons that someone can be accused of making a death threat. For example, if you place any kind of markings or graffiti or object with the intent of coercing or terrorizing onto someone’s property, you could be arrested on a death threat charge. The same is true if you threaten someone with a crime, or threaten criminal activity against their property.

More commonly, perhaps, are incidents in which you physically threaten someone. If this threat is deemed to terrorize that person in any way, you could be charged with making a death threat. And, the same holds true if you found to have committed any kind of crime of violence against someone.

In cases of having a biological or chemical product delivered to or used on someone, you can also expect to be arrested on serious charges. For example, if you cause the evacuation of any kind of place of assembly a movie theater, a school or courthouse or any form of public transportation, you can be accused of making a death threat.

In short, you will need a criminal defense lawyer if you have been accused of making a death threat against someone, or a property such as a school.

Anyone who is charged with making a death threat will likely be facing a Class B felony that carries jail time of up to seven years in prison, for the most part. A judge can also add on fines and/or other penalties.

This is the kind of crime that doesn’t have to happen. Your defense lawyer will advise you to always keep your temper in check to avoid situations like this in the future.

This is a crime that can be embarrassing to you and to your family. And your reputation may take a serious hit as well.

Your best bet is to have a lawyer who is well versed in defending these types of crimes.

Call Michael Anzalone at The Anzalone Law Firm to set up a free consultation today.

Sours: http://www.anzalonelegal.com/death-threat.html

What is criminal threatening in New Hampshire?

Criminal threatening became a hot topic of discussion in NH back in 2010 and 2011 when NH resident Ward Bird waved a gun at an accidental trespasser. Due to this case, it has caused a lot more light to be shed on New Hampshire’s criminal threatening laws, and what constitutes felony criminal threatening and what doesn’t.

What is Criminal Threatening?

Criminal Threatening in New Hampshire

Criminal threatening is a term given to anyone who makes a verbal or physical allusion to causing someone immediate harm. Criminal threatening can be just words, just a physical action, or both put together.

Criminal Threatening with Physical Conduct

I. A person is guilty of criminal threatening when:

   (a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or

A physical act of criminal threatening in NH can be showing a knife, a firearm, or a weapon of any kind that indicates that a person may be in the way of serious bodily injury. For example, in Ward Bird’s case, when an individual parked in front of his house (without any intent to cause harm to Ward Bird), he started waving a gun at the person while yelling obscenities. Since Ward Bird physically threatened the person with a gun, this is considered a physical conduct form of criminal threatening. The same could be said if someone pulls out a knife, bat, or other weapon to “back up” their words while threatening another person.

Criminal Threatening with Object Placement or Graffiti

(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or

It is possible to be charged with criminal threatening in New Hampshire if a person places or moves any object or vandalizes property to threaten another person. An example of this might be if someone writes, paints, or otherwise leaves a statement that makes another person feel they have been threatened. This could be a note, a hateful remark written in chalk, paint, or anything else (i.e. “Die”, “Kill yourself”, etc). Criminal threatening with placement of an object could be, for example, someone stabbing the front welcome mat on someone’s front door, leaving a noose for someone to find, or moving a vehicle in a threatening manner.

Criminal Threatening towards Other Personal Property

(c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or

A statement like “Move your car or I’ll smash it!” can be considered criminal threatening. Since the person is threatening to smash the car if it is not moved, they are suggesting a crime against the other person to terrorize them into moving their car. Even a statement like “Trim your tree or I’ll cut it down” can also be considered criminal threatening if the tree is fully on your property.

Criminal Threatening Verbally

(d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or

“If you don’t move, I’ll punch you” is a statement of criminal threatening. It is intended to get a person to move, or else they will come to physical violence and harm through a punch. Any threat of physical violence or another crime to another person with the intent to scare them is considered criminal threatening in NH.

Criminal Threatening with Substances or Biological Chemicals

(e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or

(f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.

Criminal threatening can also be a charge if someone threatens to cause harm via a biological or chemical substance, such as threatening to mail anthrax, threatening to infect someone with an illness, threatening a bombing or delivery of a bomb, or anything else that intends to terrorize people and bring them to a panic.

When does Criminal Threatening Become Felonious?

Typically criminal threatening in NH is a misdemeanor offense, however it has the potential to turn into felony criminal threatening if a deadly weapon, firearm, explosive device, or any other deadly device or weapon is used or displayed. In the case of Ward Bird, because he waved a firearm, his criminal threatening case became felonious.

What about Self-Defense?

New Hampshire has a special provision that states:

IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section.

Therefor if you are responding to another person who is threatening to do you harm with intent to get them to leave or cease, then your act would not be considered criminal threatening.

Need assistance with a criminal threatening charge? Contact us today!

Sours: https://www.bbmlawyers.com/what-is-criminal-threatening-in-new-hampshire/

Rsa nh criminal threatening

Criminal Threatening

Criminal Threatening in NH is a Verbal or Non-Verbal Threat That one Person Makes Against Another

Criminal Threatening The law here in New Hampshire is set out in detail. RSA 631:4 provides that someone is guilty of criminal threatening if they make claims that they are going to hurt someone or otherwise come in contact with them physically. Criminal threatening also includes putting objects or graffiti on another person’s property with the intent to terrorize that person; terrorizing another person; or making threats that would lead to the evacuation of a building, public transportation, or other area that would cause significant public inconvenience.

The statute makes clear that criminal threatening essentially has three fundamental elements: 1) threatening to commit a crime, 2) against another person, 3) with the purpose of terrorizing that person. Under this law, the mental status of the person making the claim is not determinative; rather, what matters is whether the person against whom the claim is made believes he or she will be immediately hurt.

The most common type of criminal threatening is verbal. For example, if someone tells another person that he or she is going to kill or otherwise hurt that person, those statements may place the listener in imminent fear of harm. However, criminal threatening is not limited to the use of words alone. Criminal threatening charges could be filed against a person who shows a gun or knife to someone else. If the offender is holding one of these items in such a way that the person viewing it might think the offender would use it to hurt him or her, it may amount to criminal threatening. In that case, no words need to be spoken, the simple actions may be enough to warrant criminal threatening charges in NH.

Another example of non-verbal threatening includes graffiti. This may be a case in which someone spray paints threatening statements on another person’s car, home, or other personal property. It could also be a display of some type of threatening display left on someone’s porch. If the person on the receiving end of these actions feels threatened, it could lead to criminal threatening charges.

In criminal threatening cases the prosecution must show that the person being threatened felt they were in imminent danger. It must also be proven that the person charged with the threatening did so with intent to terrorize or cause fear.

Criminal threatening can happen between people who have known each other for years and are in a relationship, or it can happen between people who have never seen one another before. The nature of the relationship is not in question, but rather the actions of the offender.

The consequences for criminal threatening can be severe. A criminal threatening charge is often charged as a misdemeanor. However, if the offender makes claims that result in the evacuation of a building, public transportation, or otherwise cause serious public inconvenience, a charge may be elevated to a felony-level crime. Likewise, the offender would face felony charges if he uses a deadly weapon (such as a firearm, knife, or other such item known to be capable of producing serious bodily injury) in the course of his conduct.

All of These Charges Could Lead to Fines, Jail Time, and Mandatory Counseling

If you have been charged with Criminal Threatening in NH, it is critical that you contact a NH Criminal Defense Attorney as soon as possible to discuss your legal charges. The NH criminal lawyers at Tenn And Tenn, P.A. have the experience and the knowledge to mount the best possible defense on your behalf. We are here to help and can be reached on our Toll Free Helpline at 1-888-511-1010 or in NH at 603-624-3700.

Sours: https://www.tennandtenn.com/criminal-threatening.html
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NH Criminal Code Chapter 631 - Joshua's Law

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TITLE LXII - CRIMINAL CODE
CHAPTER 631
ASSAULT AND RELATED OFFENSES

631:2-b Domestic Violence. –

  1. A person is guilty of domestic violence if the person commits any of the following against a family or household member or intimate partner:
    • Purposely or knowingly causes bodily injury or unprivileged physical contact against another by use of physical force;
    • Recklessly causes bodily injury to another by use of physical force;
    • Negligently causes bodily injury to another by means of a deadly weapon;
    • Uses or attempts to use physical force, or by physical conduct threatens to use a deadly weapon for the purpose of placing another in fear of imminent bodily injury;
    • Threatens to use a deadly weapon against another person for the purpose to terrorize that person;
    • Coerces or forces another to submit to sexual contact by using physical force or physical violence;
    • Threatens to use physical force or physical violence to cause another to submit to sexual contact and the victim believes the actor has the present ability to execute the threat;
    • Threatens to use a deadly weapon to cause another to submit to sexual contact and the victim believes the actor has the present ability to carry out the threat;
    • Confines another unlawfully, as defined in RSA 633:2, by means of physical force or the threatened use of a deadly weapon, so as to interfere substantially with his or her physical movement;
    • Knowingly violates a term of a protective order issued pursuant to RSA 173-B:4, I by means of the use or attempted use of physical force or the threatened use of a deadly weapon;
    • Uses physical force or the threatened use of a deadly weapon against another to block that person's access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with: 
      1. The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
      2. A request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.
  2. Domestic violence is a class A misdemeanor unless the person uses or threatens to use a deadly weapon as defined in RSA 625:11, V, in the commission of an offense, in which case it is a class B felony.
  3. For purposes of this section:
    1. "Family or household member'' means:
      1. The actor's spouse or former spouse;
      2. A person with whom the actor is cohabiting as a spouse, parent, or guardian;
      3. A person with whom the actor cohabited as a spouse, parent, or guardian but no longer shares the same residence;
      4. An adult with whom the actor is related by blood or marriage; or
      5. A person with whom the actor shares a child in common.
    2. "Intimate partner'' means a person with whom the actor is currently or was formerly involved in a romantic relationship, regardless of whether or not the relationship was sexually consummated.
  4. Upon conviction and sentencing, the court shall document on the sentencing form the specific nature of the relationship between the defendant and the victim, by reference to subparagraphs III(a)(1)-(5) and III(b).
  5. In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.

Source. 2014, 152:2, eff. Jan. 1, 2015. 2015, 244:1, eff. July 1, 2015.

Contact Info

Sours: https://www.plaistow.com/police-victim-services/pages/nh-criminal-code-chapter-631-joshuas-law

You will also be interested:

2015 New Hampshire Revised Statutes
Title LXII - CRIMINAL CODE
Chapter 631 - ASSAULT AND RELATED OFFENSES
Section 631:4 - Criminal Threatening.

NH Rev Stat § 631:4 (2015) What's This?


    631:4 Criminal Threatening. –
    I. A person is guilty of criminal threatening when:
       (a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
       (b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or
       (c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or
       (d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or
       (e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or
       (f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.
    II. (a) Criminal threatening is a class B felony if the person:
          (1) Violates the provisions of subparagraph I(e); or
          (2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), or I(d).
       (b) All other criminal threatening is a misdemeanor.
    III. (a) As used in this section, "property'' has the same meaning as in RSA 637:2, I; "property of another'' has the same meaning as in RSA 637:2, IV.
       (b) As used in this section, "terrorize'' means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation.
    IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section.

Source. 1971, 518:1. 1983, 338:1. 1994, 187:2. 1996, 92:1. 2002, 222:7. 2003, 69:1, eff. Jan. 1, 2004. 2010, 361:2, eff. Jan. 1, 2011.


Disclaimer: These codes may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Sours: https://law.justia.com/codes/new-hampshire/2015/title-lxii/chapter-631/section-631-4/


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