Assault vs. Simple Assault vs. Second-Degree Assault in New Hampshire: What’s the Difference?

In New Hampshire, the term assault can refer to several different criminal charges depending on what allegedly happened. Unlike Massachusetts—where “assault and battery” is a separate offense—New Hampshire law typically distinguishes between simple assault and second-degree assault, with the difference often depending on injury level, intent, and surrounding circumstances.

Understanding how these charges differ helps clarify how assault cases are classified and prosecuted in New Hampshire courts.

What Is Simple Assault in New Hampshire?

Simple assault is usually charged as a misdemeanor in New Hampshire and generally involves causing or attempting to cause minor bodily injury or making physical contact that is considered offensive.

Examples may include:

• pushing or shoving during an argument
• minor physical contact causing temporary pain
• attempting to strike someone but missing
• threatening conduct that places someone in fear of immediate injury

Unlike some states, New Hampshire’s assault laws often treat attempted injury and minor physical contact within the same category of simple assault.

What Is Second-Degree Assault in New Hampshire?

Second-degree assault is typically a felony-level offense and involves more serious allegations than simple assault.

This charge may apply when someone is accused of:

• causing serious bodily injury
• using a deadly weapon
• attempting to cause serious bodily injury
• strangling another person
• injuring certain protected individuals (such as correctional or law enforcement personnel in some circumstances)

Because second-degree assault is a felony, these cases are usually handled in New Hampshire Superior Court rather than Circuit Court – District Division.

The Key Difference Between Simple Assault and Second-Degree Assault

The most important distinction is the severity of the alleged conduct and injury.

In general:

• Simple assault involves minor injury, attempted injury, or offensive contact
• Second-degree assault involves serious injury, strangulation, or use of a weapon

That difference can affect both how a case proceeds and the potential penalties involved.

What Counts as “Serious Bodily Injury”?

Whether an injury qualifies as serious bodily injury can significantly affect how an assault case is charged.

Courts may consider injuries serious if they involve:

• risk of death
• permanent disfigurement
• broken bones
• loss or impairment of bodily function
• injuries requiring substantial medical treatment

These factors often determine whether a case remains a misdemeanor or becomes a felony-level offense.

What Is Domestic Violence Simple Assault in New Hampshire?

When the alleged victim is a family or household member, a charge may be classified as domestic violence simple assault.

This classification can apply even when the alleged injury is minor.

Domestic violence-related assault cases often involve:

• immediate bail conditions
• no-contact orders
• temporary firearm restrictions
• additional court monitoring requirements

Even when charged as a misdemeanor, these cases can carry significant consequences while the case is pending.

Can Assault Charges Be Filed Without Physical Contact?

Yes.

Under New Hampshire law, assault-related charges may still apply when someone allegedly:

• attempts to cause injury
• places another person in fear of immediate harm
• engages in threatening conduct suggesting imminent physical contact

Actual injury is not always required for a charge to issue.

What Happens After an Assault Charge in New Hampshire?

Most misdemeanor assault cases begin in New Hampshire Circuit Court – District Division, where the court addresses:

• arraignment
• bail or release conditions
• scheduling deadlines
• pretrial conferences

Felony-level assault cases—such as second-degree assault—generally proceed in New Hampshire Superior Court instead.

Early decisions in these cases often affect release conditions and how the case moves forward.

Why the Type of Assault Charge Matters

Whether a case is charged as simple assault or second-degree assault can affect:

• which court handles the case
• whether the charge is a misdemeanor or felony
• possible release conditions
• firearm possession restrictions while the case is pending
• potential long-term consequences

Because classification depends heavily on the specific allegations, the details of the incident often play a central role.

Defense Representation in New Hampshire Assault Cases

Assault-related charges frequently involve questions about intent, witness credibility, injury classification, and self-defense.

Attorney Nicholas P. Frye represents individuals charged with assault-related offenses in New Hampshire Circuit Court and New Hampshire Superior Court, as well as throughout Massachusetts courts. He is also approved by the

Committee for Public Counsel Services to serve on the Massachusetts CPCS Murder List, reflecting qualification to handle serious felony matters in Massachusetts.

Early evaluation of how an assault allegation is classified can be an important step in understanding how a case is likely to proceed in New Hampshire courts.