N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxii / Chapter 631
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 631:1 (2026)

First Degree Assault

✓ current as of May 2026
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    631:1 First Degree Assault. –
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. (a) 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."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "first degree assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.

Source. 1971, 518:1. 1979, 126:1. 1990, 95:2. 1991, 75:1. 1992, 71:1. 2014, 152:3, eff. Jan. 1, 2015. 2017, 90:4, eff. Jan. 1, 2018.

Notes of Decisions
Cited in 124 cases (18 in the last 5 years), 1979–2025 · leading case: State of New Hampshire v. Justin L. Roy, 111 A.3d 1061 (N.H. 2015).
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State of New Hampshire v. Justin L. Roy, 111 A.3d 1061 (N.H. 2015). · cites it 3× “Roy, appeals his conviction by a jury on two counts of kidnapping, see RSA 633:1,1(c), II (2007); RSA 633:1, I-a II (2007), one count of first degree assault, see RSA 631:1,1(d) (2007), four counts of second degree assault, see RSA 631:2, I(c)-(d) (Supp.”
State v. Pepin, 940 A.2d 221 (N.H. 2007). · cites it 3× “See RSA 631:1, :2 (2007); RSA 633:2 (2007). We affirm.”
State of New Hampshire v. Peggy Starr, 165 A.3d 716 (N.H. 2017). · cites it 17× “See RSA 631:1, I(d), :2, I(d) (2016). She argues that the trial court erred by denying her motion to dismiss the first degree assault indictment.”
State v. Joseph Kuchman, 138 A.3d 1264 (N.H. 2016). · cites it 3× “See RSA 631:1,1 (2007). The defendant *783 argues that the trial court erred when it denied his request for a bill of particulars, denied his multiple motions for a mistrial, and admitted evidence of a telephone conversation.”
State v. Blomquist, 891 A.2d 469 (N.H. 2006). · cites it 10× “2005); RSA 630:l-a (1996); first-degree assault, see RSA 631:1 (1996); and second-degree assault, see RSA 631:2 (1996), of Jolene Frechette; and burglary, see RSA 635:1 (1996).”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “481 (2)(b); N.H. Rev. Stat. Ann. § 631:1 ; N.J. Stat.”
State v. Young, 986 A.2d 497 (N.H. 2009). · cites it 3× “Young, appeals his convictions for one count of attempted murder, RSA 630:l-a (2007); RSA 629:1 (2007), two counts of first degree assault, RSA 631:1, 1(b) (2007), and one *335 count of felon in possession of a firearm, RSA 159:3 (2002).”
People v. Davis, 872 P.2d 591 (Cal. 1994). · cites it 2× “[20] And in New Hampshire one who "Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth" commits first degree assault ( N.H. Rev. Stat. Ann. § 631:1 , subd. I(c)) punishable by imprisonment for not more than 15 years with a possible fine not to…”
State v. Boone, 406 A.2d 113 (N.H. 1979). · cites it 4× “The issues are first, whether the trial court erred in denying the defendant’s motion for dismissal of the indictment made at the close of the State’s case-in-chief; and second, whether the court erred in refusing the defendant’s request for a jury instruction on the lesser…”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “11, § 606 (2007) (abuse of pregnant female in first degree resulting in termination of pregnancy is class B felony); N.H. Rev. Stat. Ann. § 631:1 (2007) (person is guilty of first degree assault, which is class A felony, if he “[pjurposely or knowingly causes injury to another…”
State v. Chalpin, 2024 N.H. 36. · cites it 10× “), on one count of first degree assault, enhanced for manifesting exceptional cruelty or depravity in inflicting serious bodily injury, see RSA 631:1, I(a) (2016); RSA 651:6, I(c) (2016), and one count of second degree assault for recklessly causing bodily injury to another…”
State v. Beaupre, 459 A.2d 233 (N.H. 1983). · cites it 3× “) of first-degree assault, RSA 631:1 (Supp. *156 1981), and sentenced to an extended term of ten to thirty years in the State prison.”
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