New Hampshire Felony Classes and Misdemeanor Penalties (2026)

New Hampshire sorts every offense into a felony, a misdemeanor or a violation (RSA 625:9, II). A felony is murder, a crime a statute designates as a felony, or a crime defined outside the Criminal Code with a maximum penalty of more than one year in prison (RSA 625:9, III); felonies other than murder are class A or class B, misdemeanors are class A or class B, and RSA 651:2 sets the sentence limits for each.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire's classification statute (RSA 625:9), the general sentencing section (RSA 651:2), the extended-term statute (RSA 651:6), the murder and manslaughter sentencing sections (RSA 630:1-a, 630:1-b and 630:2) and a few offense statutes that set their own terms (RSA 159:3-a and 632-A:10-a). It does not grade individual offenses (see the New Hampshire theft laws and New Hampshire assault and battery laws pages), parole, time limits for prosecution, annulment of records, municipal ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in New Hampshire

RSA 625:9 governs "the classification of every offense, whether defined within this code or by any other statute." Paragraph II provides: "Every offense is either a felony, misdemeanor or violation. (a) Felonies and misdemeanors are crimes. (b) A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense."

The felony definition is in RSA 625:9, III:

"A felony is murder or a crime so designated by statute within or outside this code or a crime defined by statute outside of this code where the maximum penalty provided is imprisonment in excess of one year; provided, however, that a crime defined by statute outside of this code is a felony when committed by a corporation or an unincorporated association if the maximum fine therein provided is more than $200."

A statute can designate an offense's class directly. For a crime defined outside the Code without one, the maximum prison term decides the class: more than 7 years makes it a class A felony, more than one year but not more than 7 years a class B felony (RSA 625:9, III(a)), and not more than one year a class A misdemeanor (RSA 625:9, IV(a)). A crime is a class B misdemeanor if its maximum penalty "does not include any term of imprisonment or any fine in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a)" (RSA 625:9, IV(b)).

New Hampshire felony and misdemeanor classes

These are the limits for the class itself. Some offense statutes set their own terms "notwithstanding RSA 651:2" (for example RSA 632-A:10-a and 159:3-a, below), manslaughter carries up to 30 years (RSA 630:2, II), a firearm felony can carry up to 20 years (RSA 651:2, II-g), some driving offenses involving a mobile device may be charged one class higher (RSA 651:2, II-h), and RSA 651:6 sets extended terms for some repeat convictions and other listed circumstances, described below.

The prison limits come from RSA 651:2, II: "If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed: (a) Fifteen years for a class A felony, (b) Seven years for a class B felony, (c) One year for a class A misdemeanor, (d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order."

The fine limits come from RSA 651:2, IV. An individual's fine "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." A corporation or unincorporated association "may not exceed $100,000 for a felony, $20,000 for a misdemeanor and $1,000 for a violation." And "If a defendant has gained property through the commission of any felony, then in lieu of the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to exceed double the amount of that gain." Felonies other than murder fall into class A or B only "when committed by an individual" (RSA 625:9, III(a)).

Murder

Murder sits outside the class A and B scheme. Under RSA 630:1-a, III, "A person convicted of a murder in the first degree shall be sentenced to life imprisonment and shall not be eligible for parole at any time." Under RSA 630:1-b, II, "Murder in the second degree shall be punishable by imprisonment for life or for such term as the court may order." The New Hampshire life sentence page explains what a life term means there.

How a New Hampshire sentence is set

The judge sets the sentence within these limits. For a felony, the court fixes a maximum and a minimum that "is not to exceed 1/2 of the maximum" (RSA 651:2, II). RSA 625:9, 651:2 and 651:6 contain no sentencing grid or guideline table.

A disciplinary period is added to the minimum of any sentence with a maximum of more than one year: "To the minimum sentence of every person who is sentenced to imprisonment for a maximum of more than one year shall be added a disciplinary period equal to 150 days for each year of the minimum term of the sentence, to be prorated for any part of the year" (RSA 651:2, II-e).

Offense statutes with their own terms

• Manslaughter: RSA 651:2, II-d sends manslaughter to RSA 630:2, II, which provides: "Manslaughter shall be punishable by imprisonment for a term of not more than 30 years."
• Felonies with a firearm: "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" (RSA 651:2, II-g).
• Driving offenses involving a mobile device: under RSA 651:2, II-h, an offense under RSA 265, 265-A or 630:3 that was also based on prohibited use of a mobile electronic device while driving "may be charged" one class higher: a violation as a class B misdemeanor, a class B misdemeanor as a class A misdemeanor, a class A misdemeanor as a class B felony, and a class B felony as a class A felony. A class A felony or an unclassified felony is not enhanced.
• Repeat felonious use of a firearm: a second or subsequent offense under RSA 650-A:1 carries, "in addition to any punishment provided for the underlying felony," "a minimum mandatory sentence of 3 years imprisonment," which may not run concurrently or be suspended, and the parole provisions of RSA 651-A do not apply (RSA 651:2, II-b).
• Armed career criminals: a violation of RSA 159:3-a, I is a felony that, "notwithstanding RSA 651:2, II," carries "a minimum mandatory term of 10 years imprisonment and a maximum term of imprisonment of not more than 40 years" and a fine of "not more than $25,000." No part of the mandatory minimum may run concurrently or be "suspended or deferred," and neither the suspension statute (RSA 651:20) nor the parole statute applies (RSA 159:3-a, II-III).
• Aggravated felonious sexual assault: "Notwithstanding RSA 651:2, and except where an extended term is sought as provided in RSA 651:6," a conviction under RSA 632-A:2 carries a maximum of up to 20 years with a minimum of not more than half the maximum; a person previously convicted under RSA 632-A:2 faces a maximum of up to 40 years; and a person previously convicted of two or more such offenses "shall be sentenced to life imprisonment and shall not be eligible for parole at any time" (RSA 632-A:10-a).

Extended terms (RSA 651:6)

RSA 651:6 allows an extended term on the grounds listed in its paragraphs I and II. Under paragraph II, a person may receive an extended term "if the court finds, and includes such findings in the record," that one of its grounds applies; one ground is that the person "Has twice previously been convicted in this state, or in another jurisdiction, on sentences in excess of one year" (RSA 651:6, II(a)). An extended term requires that "written notice of the possible application of this section is given the defendant at least 21 days prior to the commencement of jury selection for his or her trial" (RSA 651:6, III).

The extended terms in RSA 651:6, III include:

• Any felony other than murder, manslaughter, negligent homicide under RSA 630:3, II, or aggravated driving while intoxicated causing serious bodily injury: a minimum of not more than 10 years and a maximum of not more than 30 years.
• A misdemeanor: a minimum of not more than 2 years and a maximum of not more than 5 years.
• Manslaughter: a minimum of not more than 20 years and a maximum of not more than 40 years.
• Murder: life imprisonment.
• Two or more offenses under RSA 632-A:2: life imprisonment without parole.
• A third offense under RSA 632-A:3: life imprisonment.
• Negligent homicide under RSA 630:3, II, or aggravated driving while intoxicated causing serious bodily injury: the court "may consider an enhanced sentence" of 10 to 20 years with one prior conviction under RSA 265-A:2, I, 265-A:3 or 630:3, II (or an equivalent out-of-state offense), and 15 to 30 years with two or more.

The section also carries presumptive and mandatory life terms. RSA 651:6, IV(a) creates "a presumption that a person shall be sentenced to a minimum to be fixed by the court of not less than 25 years and a maximum of life imprisonment unless the court makes a determination that the goals of deterrence, rehabilitation, and punishment would not be served"; paragraph V sets "a minimum to be fixed by the court of not less than 35 years and a maximum of life imprisonment"; and under paragraph VII, if the court has made the findings authorized by paragraph VI and notice was given before trial, "a person shall be sentenced to an extended term of imprisonment of life without parole." Each of these applies only to the offenses and findings its paragraph describes.

Can a felony be reduced to a misdemeanor in New Hampshire?

RSA 625:9, 651:2 and 651:6 contain no provision that converts a felony into a misdemeanor. RSA 625:9 does let misdemeanors move down, within limits:

• Misdemeanor to violation: "Prior to or at the time of arraignment, the state may, in its discretion, charge any offense designated a misdemeanor, as defined by paragraph IV, as a violation." This "shall not apply to any offense for which a statute prescribes an enhanced penalty for a subsequent conviction of the same offense" (RSA 625:9, VI).
• Class A to class B misdemeanor by the state: "The state may change any offense designated or defined as a class A misdemeanor as defined by paragraph IV to a class B misdemeanor, so long as no element of the offense involves an act of violence or threat of violence" (RSA 625:9, VII), subject to the further conditions that paragraph sets, and it may reduce a class A misdemeanor charge to class B "at any time with the agreement of the person charged" (RSA 625:9, IV(d)).
• Recording a class A conviction as class B: "If a person convicted of a class A misdemeanor has been sentenced and such sentence does not include any period of actual incarceration or a suspended or deferred jail sentence or any fine in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a), the court shall record such conviction and sentence as a class B misdemeanor" (RSA 625:9, VIII).

A misdemeanor whose statute does not name a class "shall be presumed to be a class B misdemeanor" unless an element involves an act or threat of violence, the state files a notice of intent to seek class A penalties "on or before the date of arraignment," or the charge is filed directly in superior court (RSA 625:9, IV(c)).

Violations in New Hampshire

A violation is "an offense so designated by statute within or outside this code" and, with exceptions, any offense outside the Code "for which there is no other penalty provided other than a fine or fine and forfeiture or other civil penalty" (RSA 625:9, V). A statutory or municipal requirement with no stated penalty or classification "shall be deemed a violation" (RSA 625:9, V-a).

A violation is not a crime (RSA 625:9, II(b)). A person convicted of one "may be sentenced to conditional or unconditional discharge, or a fine" (RSA 651:2, III-a), and an individual's fine may not exceed $1,000 (RSA 651:2, IV(a)).

How long is probation in New Hampshire?

RSA 651:2, V(a) sets the limits: "The period of probation shall be for a period to be fixed by the court not to exceed 5 years for a felony and 2 years for a class A misdemeanor, provided that the court may extend or modify the period of probation in accordance with subparagraph VII(a)."

Probation is not available for every conviction. Among the limits:

• Class B misdemeanors: the sentence "shall not include incarceration or probation but may include monitoring by the department of corrections if deemed necessary and appropriate" (RSA 651:2, III).
• Violations: the authorized sentences are "conditional or unconditional discharge, or a fine" (RSA 651:2, III-a).
• Mandatory terms: the mandatory minimums in RSA 159:3-a and 651:2, II-b may not be suspended, and first-degree murder requires a life sentence with no parole at any time (RSA 630:1-a, III).

A conditional discharge, a separate sentence, runs "3 years for a felony and one year for a misdemeanor or violation" (RSA 651:2, VI(b)). If a restitution, reparation or public-service condition has not been met, the court may extend the period by up to 2 years for a felony and up to one year for a misdemeanor or violation (RSA 651:2, VI(b)).

What happens if you violate probation in New Hampshire?

RSA 651:2, VII(a) lists the court's options: "(1) Continue the sentence of probation. (2) Modify the conditions of the probation. (3) Extend the period of probation, provided the probationer agrees to the extension and the original period of probation plus any extension shall not exceed the probation periods authorized in paragraph V. (4) Revoke the sentence of probation."

On revocation, RSA 651:2, VII(b) provides that "the probationer may be fined, as authorized by paragraph IV, if a fine was not imposed in addition to the probation or conditional discharge. Otherwise, the probationer shall be sentenced to imprisonment as authorized by paragraph II."

A court may also build a short jail sanction into probation: "The court may include, as a condition of probation, a jail sentence of up to 30 days that a probation/parole officer may impose in segments of one to 7 days over the course of the probation period, in response to any violation of a condition of probation, in lieu of a violation of probation hearing" (RSA 651:2, V(i)).

Recent changes

• Assaults on officers and first responders (2026): 2026, chapter 79 (HB 59), effective July 21, 2026, added first- and second-degree assault elements for knowingly injuring a law enforcement officer, firefighter or licensed emergency medical care provider acting in the line of duty, or a law enforcement officer targeted because of the job (RSA 631:1, I(e) and 631:2, I(g)). It also amended RSA 651:6, I(g) so that the extended-term ground for crimes against those victims does not apply to the two new assault elements. The extended-term lengths in RSA 651:6, III did not change.
• Annulment (taking effect 2027): 2026, 105:1 amends RSA 651:5, the annulment section, effective January 1, 2027.

Related legal issues in New Hampshire

Each offense statute assigns its own class. The New Hampshire theft laws page explains how theft is graded into these classes, and the New Hampshire assault and battery laws page covers the assault offenses. For clearing an old record, which New Hampshire calls annulment, see New Hampshire expungement laws. For the time limits on bringing charges, see the New Hampshire statute of limitations.

Federal gun law turns on the possible prison term: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." In New Hampshire a class A misdemeanor carries up to one year (RSA 651:2, II(c)), but an extended term for a misdemeanor can carry a maximum of up to 5 years (RSA 651:6, III(b)). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• New Hampshire theft laws
• New Hampshire assault and battery laws
• New Hampshire expungement laws
• New Hampshire life sentence
• Massachusetts felony and misdemeanor classes
• Vermont felony and misdemeanor classes

This article provides general legal information about how New Hampshire statutes classify and punish offenses, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in New Hampshire?

Under RSA 625:9, III, a felony is murder, a crime a statute designates as a felony, or a crime defined outside the Criminal Code with a maximum penalty of more than one year in prison. Misdemeanors are class A (up to one year, absent an extended term) or class B (no incarceration or probation under RSA 651:2, III), and both felonies and misdemeanors are crimes.

What are the felony classes in New Hampshire and how much time does each carry?

Felonies other than murder are class A or class B. Under RSA 651:2, II, the maximum is up to 15 years for a class A felony and up to 7 years for a class B felony, with a minimum of not more than half the maximum; offense statutes (manslaughter carries up to 30 years under RSA 630:2, II), the firearm rule in 651:2, II-g and the extended terms in RSA 651:6 can set higher terms.

What is a class A misdemeanor in New Hampshire?

It is a crime so designated by statute, or a crime defined outside the Code with a maximum prison term of not more than one year (RSA 625:9, IV(a)). The sentence may include up to one year in jail and a fine of up to $2,000 (RSA 651:2), unless an extended term under RSA 651:6 applies.

What is a class B misdemeanor in New Hampshire?

It is the lower misdemeanor class (RSA 625:9, IV(b)). Under RSA 651:2, III, the sentence may be a discharge, a fine of up to $1,200 or other sanctions, which shall not include incarceration or probation but may include monitoring by the department of corrections.

Is a violation a crime in New Hampshire?

No. RSA 625:9, II(b) provides that a violation does not constitute a crime and that a conviction of one creates no disability based on a criminal conviction. The sentence is a discharge or a fine, up to $1,000 for an individual (RSA 651:2, III-a and IV(a)).

Can a felony be reduced to a misdemeanor in New Hampshire?

RSA 625:9, 651:2 and 651:6 contain no provision converting a felony into a misdemeanor. RSA 625:9 does let the state charge a misdemeanor as a violation at or before arraignment and change some class A misdemeanors to class B, within the limits that section sets.

How long is probation in New Hampshire?

Up to 5 years for a felony and 2 years for a class A misdemeanor, as fixed by the court (RSA 651:2, V(a)). A class B misdemeanor sentence may not include probation.

What happens if you violate probation in New Hampshire?

The court may continue probation, modify its conditions, extend it if the probationer agrees and the total stays within the 5-year or 2-year limit, or revoke it (RSA 651:2, VII(a)). On revocation, the person may be fined if no fine was imposed before; otherwise the court imposes imprisonment as RSA 651:2, II allows.

Does New Hampshire have a habitual offender law?

Yes. RSA 651:6 allows extended terms, including, after two prior convictions on sentences over one year, a minimum of up to 10 years and a maximum of up to 30 years for most felonies, with life or life without parole under some paragraphs. Written notice at least 21 days before jury selection is required.