Assault

By: Daniel J. Hawkins

Why did the Peanut call the Police? He was "A salted"

I'm so sorry

What is Assault?

Assault is loosely defined as the threat and possible cause of bodily harm to another person. There are many variations of assault under New Hampshire State Law, ranging from first degree, to simple, to reckless, all the way to criminal neglect. Different forms of assault can be considered either as a tort or a crime, making it a possible factor in both civil and criminal court cases. Given its variations, assault is a very common crime and tort all over the US.

What is the NH Statute on First Degree Assault?

The Statue is as follows,

631:1 First Degree Assault. – 3
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or
(d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.
II. In this section:
(a) "Miscarriage'' means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and
(b) "Stillbirth'' means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
III. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "First Degree Assault--Domestic Violence.''

Opinion / Summarizing of the Statute

This explanation of what constitutes assault, I believe is spot on given the inclusion of the words, "purposefully or knowing causes bodily harm". This is what I feel constitutes assault. If someone's state of mind allows them to proceed with actions that knowingly and purposefully cause bodily harm to another, they should be found guilty or liable.

Citations

Crompton, Jennifer. "Former Businessman Sentenced for Kidnapping Rochester Woman." WMUR. WMUR 9, 28 Mar. 2016. Web. 04 Apr. 2016.


Levitz, Jennifer. "New Hampshire Sex-Assault Case." WSJ. Wall Street Journal, 29 Oct. 2015.

Web. 04 Apr. 2016.