New Hampshire Assault Laws: Simple, Second and First Degree Assault

New Hampshire has no crime called battery. Its assault chapter, RSA 631, grades a single offense, assault, in three degrees, and the lowest degree covers both injury and unwanted touching: a person commits simple assault under RSA 631:2-a by purposely or knowingly causing "bodily injury or unprivileged physical contact to another." Simple assault is a misdemeanor, second degree assault (631:2) is a class B felony and first degree assault (631:1) is a class A felony. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire's assault offenses in RSA chapter 631 (631:1, 631:2, 631:2-a, 631:2-b, 631:3, 631:4, 631:4-a and 631:4-b), the definitions in RSA 625:11, the classification rules in RSA 625:9, the sentencing limits in RSA 651:2 and 651:6, and the civil filing periods in RSA 508:4, 508:4-g and 508:8. It does not cover self-defense and justification (see New Hampshire self-defense laws), protective orders (see New Hampshire restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.

Assault vs. battery in New Hampshire

RSA chapter 631, titled "Assault and Related Offenses," contains no offense named battery. What other states call battery is part of simple assault in New Hampshire. RSA 631:2-a reads:

"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."

Making someone afraid of being hurt is a separate offense. Under RSA 631:4, I(a), a person commits criminal threatening when, "By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact."

Is assault a felony in New Hampshire?

Simple assault is a misdemeanor. Assault becomes a felony at the second degree, which is a class B felony, and first degree assault is a class A felony. Three other offenses in the chapter reach class B felony level only in listed circumstances: domestic violence when the person uses or threatens to use a deadly weapon (631:2-b, II), reckless conduct with a deadly weapon (631:3, II), and criminal threatening with a deadly weapon or in one other listed circumstance (631:4, II(a)). Threatening certain government officials, to influence their official action or in retaliation for it, is a class B felony under 631:4-a, II.

What class of misdemeanor is simple assault? RSA 631:2-a calls simple assault a misdemeanor without naming a class. Under RSA 625:9, IV(c), "Any crime designated within or outside this code as a misdemeanor without specification of the classification shall be presumed to be a class B misdemeanor unless":

• an element of the offense involves an "act of violence" or "threat of violence";
• the State "files a notice of intent to seek class A misdemeanor penalties" on or before the date of arraignment; or
• "The misdemeanor charge is filed directly in superior court."

The same section defines an "act of violence" as "attempting to cause or purposely or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon," and a "threat of violence" as "placing or attempting to place another in fear of imminent bodily injury either by physical menace or by threats to commit a crime against the person of the other." The difference matters because a class B misdemeanor carries no jail time (see the penalty ranges below).

New Hampshire assault offenses and penalties

These are the ranges for the offense itself; RSA 651:6 allows longer extended terms in listed circumstances, described below.

The ranges come from RSA 651:2. Under 651:2, II, when a sentence of imprisonment is imposed, the maximum is not to exceed "Fifteen years for a class A felony," "Seven years for a class B felony" and "One year for a class A misdemeanor." Under 651:2, III, a person convicted of a class B misdemeanor "may be sentenced to conditional or unconditional discharge, a fine, or other sanctions, which shall not include incarceration or probation." Under 651:2, IV(a), fines for an individual "may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor, and $1,000 for a violation." These are maximums, not typical sentences.

Firearms. Under 651:2, II-g, "If a person is convicted of a felony, an element of which is the possession, use or attempted use of a deadly weapon, and the deadly weapon is a firearm, such person may be sentenced to a maximum term of 20 years' imprisonment in lieu of any other sentence prescribed for the crime." The first and second degree assault paragraphs that turn on a deadly weapon (631:1, I(b) and 631:2, I(b)) point to this rule when the weapon is a firearm.

Extended terms (651:6). The court may impose an extended term if the jury finds a listed circumstance, including an RSA 631 crime against a person under 13; an RSA 631 crime (other than 631:1, I(e) or 631:2, I(g)) knowingly committed against a law enforcement officer, firefighter or licensed emergency medical care provider the person knows was acting in the line of duty; or exceptional cruelty or depravity in inflicting serious bodily injury. It may also do so if the court finds the person has twice previously been convicted on sentences in excess of one year. Written notice must be given at least 21 days before jury selection. An extended term is up to 30 years for a felony (with a minimum of up to 10 years) and up to 5 years for a misdemeanor (with a minimum of up to 2 years). For first degree assault on a child under 13 where the serious bodily injury has resulted in brain damage or physical disability that is likely to be permanent, 651:6, IV presumes a minimum of at least 25 years and a maximum of life imprisonment, unless the court makes specific written findings supporting a lesser sentence. A person who commits first degree assault after a prior first degree assault conviction involving such an injury to a child under 13, while on bail for the earlier offense or after a sentence for it that involved incarceration, probation, parole or other supervised release, is sentenced to life without parole (651:6, VI(b), VII).

Serious bodily injury, deadly weapons and strangulation

RSA 625:11 defines two terms that often decide the degree:

"Deadly weapon" means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.

"Serious bodily injury" means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.

Strangulation is a form of second degree assault. Under 631:2, I(f), a person who "Purposely or knowingly engages in the strangulation of another" commits a class B felony. The section defines "Strangulation" as "the application of pressure to another person's throat or neck, or the blocking of the person's nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice."

Assaulting a police officer, firefighter or EMS provider

New Hampshire protects certain workers through the first and second degree assault statutes rather than a separate offense. Under 631:2, I(g), second degree assault includes a person who:

"Knowingly causes bodily injury to a law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V, acting in the line of duty; or commits such an act against a law enforcement officer whether or not the officer is on duty, where the purpose was to harm the officer because of his or her present or previous employment as a law enforcement officer"

First degree assault under 631:1, I(e) uses the same list, the same line-of-duty condition and the same off-duty rule for law enforcement officers, but requires that the person "Knowingly causes serious bodily injury." Chapter 79 of the 2026 laws, effective July 21, 2026, amended both sections; the text quoted here is the version in force.

Emergency room personnel from January 1, 2027. Chapter 277 of the 2026 laws (SB 667) adds new paragraphs 631:1, I(f) and 631:2, I(h), effective January 1, 2027, covering anyone who knowingly causes serious bodily injury (first degree) or bodily injury (second degree) "to any emergency room personnel acting in the line of duty," a term the statute defines to include health care professionals, clerks, technicians, students and volunteers working in a hospital emergency department.

Other protected groups:

• Children under 13. Purposely or knowingly causing bodily injury to "a child under 13 years of age" is second degree assault (631:2, I(d)); knowingly or recklessly causing serious bodily injury to "a person under 13 years of age" is first degree assault (631:1, I(d)).
• Pregnancy loss. Purposely or knowingly causing "injury to another resulting in miscarriage or stillbirth" is first degree assault (631:1, I(c)); doing so recklessly or negligently is second degree assault (631:2, I(e)).
• Government officials. Under 631:4-a, I, a person commits a class A felony if he or she "causes bodily injury to, or commits any other crime against, a sitting member of the general court, an executive councilor, a past or present governor, member of the judiciary, marital master, or member of their immediate family, for the purpose of influencing such official's action or in retaliation for action taken as a part of an official's government duties." Threatening bodily injury or any other crime against the same officials for the same purposes is a class B felony (631:4-a, II).
• Sports officials. Under 631:4-b, II, committing first, second or simple assault, reckless conduct, criminal threatening, stalking, criminal mischief or harassment "against a sports official engaged in the discharge of the sports official's duties on the field of play or immediate vicinity" is the offense of harming or threatening a sports official, "subject to the punishment prescribed for the underlying offense."

Domestic violence in New Hampshire

New Hampshire has a stand-alone domestic violence offense. Under RSA 631:2-b, I, a person is guilty of domestic violence if the person commits any of a list of acts "against a family or household member or intimate partner," including:

• "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"; or
• "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."

The section lists further acts. 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" (631:2-b, II). Under 631:2-b, V, "In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section."

First and second degree assault and reckless conduct committed against an intimate partner or family or household member are recorded as "first degree assault-domestic violence," "second degree assault-domestic violence" or "reckless conduct-domestic violence," with the same mandatory $50 fine for each conviction (631:1, III; 631:2, III; 631:3, IV).

A "family or household member" under 631:2-b, III(a) means the actor's spouse or former spouse, a person the actor is cohabiting with or cohabited with "as a spouse, parent, or guardian," "An adult with whom the actor is related by blood or marriage," or "A person with whom the actor shares a child in common." An "intimate partner" is "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."

Federal law adds a firearm consequence: under 18 U.S.C. 922(g)(9), a person "convicted in any court of a misdemeanor crime of domestic violence" may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. The assault and battery hub covers the federal layer. Protective orders are covered in New Hampshire restraining order laws.

Recent changes to New Hampshire assault law

• January 1, 2027: emergency room personnel. Chapter 277 of the 2026 laws (SB 667) adds emergency room personnel acting in the line of duty to first and second degree assault (new 631:1, I(f) and 631:2, I(h)).
• July 21, 2026: officers, firefighters and EMS. Chapter 79 of the 2026 laws amended the first and second degree assault sections (631:1 and 631:2), which contain the line-of-duty paragraphs quoted above.
• January 1, 2025: sports officials. Chapter 278 of the 2024 laws created the offense of harming or threatening a sports official (631:4-b).

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for damages are separate cases. New Hampshire's general rule for personal actions is RSA 508:4, I:

"Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of."

The section does not name assault or battery, and other provisions of law can set different periods. A minor or mentally incompetent person may bring a personal action within 2 years after that disability is removed (RSA 508:8), and a person subjected to a sexual assault offense under RSA 632-A may sue at any time (RSA 508:4-g). See the New Hampshire statute of limitations guide.

Related legal issues

• Self-defense. Whether force was justified is a separate body of law; see New Hampshire self-defense laws.
• Protective orders. See New Hampshire restraining order laws.
• Clearing a record. Whether an assault conviction can be annulled is covered in New Hampshire expungement laws.

Related pages

• Assault and battery laws by state
• New Hampshire self-defense laws
• New Hampshire restraining order laws
• New Hampshire expungement laws
• New Hampshire statute of limitations
• Maine assault and battery laws
• Vermont assault and battery laws

This article provides general legal information about New Hampshire assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: 2026-10-14.

Frequently Asked Questions

Does New Hampshire have a battery law?

No. New Hampshire's assault chapter, RSA 631, has no offense called battery. Causing bodily injury or unprivileged physical contact is simple assault under 631:2-a, and the more serious forms are second and first degree assault.

Is simple assault a felony in New Hampshire?

No. RSA 631:2-a makes simple assault a misdemeanor, or a violation if committed in a fight entered into by mutual consent. Under RSA 625:9, IV(c), a misdemeanor with no stated class is presumed class B unless an exception applies, such as an element involving an act of violence.

What is second degree assault in New Hampshire?

Under RSA 631:2, it includes knowingly or recklessly causing serious bodily injury, recklessly causing bodily injury with a deadly weapon, purposely or knowingly causing bodily injury to a child under 13, and purposely or knowingly strangling another person. It is a class B felony, punishable by up to 7 years before any extended term under RSA 651:6.

What is first degree assault in New Hampshire?

Under RSA 631:1, it includes purposely causing serious bodily injury, purposely or knowingly causing bodily injury with a deadly weapon, and knowingly or recklessly causing serious bodily injury to a child under 13. It is a class A felony, punishable by up to 15 years and a fine of up to $4,000 before any extended term under RSA 651:6.

What happens if you assault a police officer in New Hampshire?

Knowingly causing bodily injury to a law enforcement officer acting in the line of duty is second degree assault, a class B felony (631:2, I(g)); knowingly causing serious bodily injury is first degree assault, a class A felony (631:1, I(e)). Both also cover an off-duty officer harmed because of the officer's present or previous law enforcement employment.

Is assaulting an emergency room nurse a felony in New Hampshire?

Today, the first and second degree paragraphs for workers name law enforcement officers, firefighters and licensed emergency medical care providers acting in the line of duty. Starting January 1, 2027, chapter 277 of the 2026 laws adds emergency room personnel acting in the line of duty, making knowing bodily injury to them second degree assault and knowing serious bodily injury first degree assault.

Is strangulation a felony in New Hampshire?

Yes. Purposely or knowingly engaging in the strangulation of another is second degree assault under RSA 631:2, I(f), a class B felony. The statute defines strangulation as pressure on the throat or neck, or blocking the nose or mouth, that causes impeded breathing or blood circulation or a change in voice.

Is threatening someone assault in New Hampshire?

A threat is generally criminal threatening under RSA 631:4, not assault. By physical conduct purposely placing or attempting to place another in fear of imminent bodily injury or physical contact is a misdemeanor, and a class B felony if a deadly weapon is used.

How long do you have to sue for assault in New Hampshire?

RSA 508:4, I gives most personal actions 3 years from the act or omission, except as otherwise provided by law, with a later start when the injury and its cause could not reasonably have been discovered at the time. The section does not name assault separately. A minor or mentally incompetent person has 2 years after the disability is removed (RSA 508:8), and a claim based on an RSA 632-A sexual assault offense may be brought at any time (RSA 508:4-g).