Major Violent Crimes.
Our attorneys have handled high profile, complex murder trials as well as allegations of murder, rape, kidnapping, armed robbery, car jacking, attempted murder, armed house invasion, and burglary.
Murder requires an intent to kill without justification. If a person kills a human being in self defense, in the sudden heat of passion or rage then they are not guilty of murder. The key to a successful murder defense is mastery of the complexities of the legal definitions of intent. The difference between first, second degree murder can mean the difference between life in prison and reduced time measured in years. An unintentional killing due to negligence or recklessness is generally defensible as manslaughter and carries far less severe penalties.
Rape and Sexual Assault
New Hampshire law:
§ 632-A:2 Aggravated Felonious Sexual Assault. I. A person is guilty of the felony of aggravated felonious sexual assault if he engages in sexual penetration with another person under any of the following circumstances:
(a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength.
(b) When the victim is physically helpless to resist.
(c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats.
(d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future.
(e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion.
(f) When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering to the victim any intoxicating substance which mentally incapacitates the victim.
(g) When the actor provides therapy, medical treatment or examination of the victim in a manner or for purposes which are not professionally recognized as ethical or acceptable.
(g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship:
(1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or
(2) Uses this position as such provider to coerce the victim to submit.
(h) When, except as between legally married spouses, the victim is mentally defective and the actor knows or has reason to know that the victim is mentally defective.
(i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist.
(j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and:
(1) the actor is a member of the same household as the victim; or
(2) the actor is related by blood or affinity to the victim.
(k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit.
( l ) When the victim is less than 13 years of age.
(m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act.
(n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has supervisory authority over the victim by virtue of the victim being incarcerated in a correctional institution or juvenile detention facility; or
(2) When a probation or parole officer has supervisory authority over the victim while the victim is on parole or probation or under juvenile probation.
Consent of the victim under any of the above circumstances in subparagraph (n) shall not be considered a defense.
II. A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification.
III. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault.
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