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For NH annulment of a misdemeanor, is simple assault a "violent crime?"

Concord, NH |

NH Law appears to allow annulment of a class a or b misdemeanor after 3 years--except "a violent crime:

"If you have successfully completed your sentence and satisfied the required waiting period, you may petition for annulment of any of the convictions listed below. You cannot, however, annul a violent crime, a crime of obstruction of justice, or any offense for which you were sentenced to an extended term of imprisonment."

Question: A son in an argument slaps his mother. He is arrested for class a/b simple assault.

No hospitalization, no permanent damage (there was a bruise). Is this considered "a violent crime" under annulment rules?

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Attorney answers 4

Best Answer
Posted

No. Examples of violent crime include murder, aggravated sexual assault, kidnapping, robbery, first degree assault, and a variety of other offenses. Examples of obstruction of justice crimes include falsifying evidence and witness tampering. In the state of New Hampshire, only two classes of people are never qualified for an annulment: 1) persons who have been convicted of violent criminal offenses and 2) persons who have been convicted of obstruction of justice offenses. Examples of obstruction of justice crimes include falsifying evidence and witness tampering. Even though you may qualify, it is still up to the court whether or not to grant your petition. The court will only grant an annulment if they believe doing so will assist the criminal defendant with rehabilitation. Persons who have continued to engage in criminal behavior will likely not be given an annulment. The court will not grant an annulment in cases where there is reason to believe that the petitioner poses a threat to the safety and well-being of the public at large.

Any response is provided for informational purposes only and does not create a lawyer client relationship.

Asker

Posted

Thank you, is 1st degree assault: Class A simple assault? And therefore is Class B simple assault NOT 1st degree. Thus if accused agrees to plea bargain from Class A simple assault to Class B then that person can annul her record in three years. Do I have that right?

Amanda Lauren Kurecian

Amanda Lauren Kurecian

Posted

No simple assault and first degree assault are different crimes. In New Hampshire, simple assault is codified at NH RSA 631:2-a and is a misdemeanor. First degree assault is codified at NH RSA 631:1 and is a Class A felony.

Asker

Posted

Thank you

Posted

Ms. Kurecian gave a definitive answer.

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

Posted

Ms. Kurecian gave a great answer.

Posted

Agree w/ the response given.