What are the penalties for a felony in New Hampshire?

Felony penalties in New Hampshire range from 0–7 years for the lowest class to 15 years for the most serious [§ 651:2]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does New Hampshire have a speedy trial requirement?

New Hampshire does not have a fixed-day speedy trial clock. New Hampshire has no fixed statutory speedy trial day limit. Constitutional Barker v. Wingo balancing test applies. NH courts consider length of delay, reason, assertion of right, and prejudice. Remedy is dismissal with prejudice.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 651:2]. Misdemeanors carry county jail time (up to 1 year) [§ 651:2]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

New Hampshire Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in New Hampshire?

Yes, for eligible offenses [§ 651:5]. Waiting periods: 1 year (Class B misdemeanor conviction); 3 years (Class A misdemeanor); 5 years (Class B felony); 10 years (Class A felony); immediate for dismissed/acquitted. Annulment of criminal records available under RSA 651:5. Court has discretion and weighs public interest. Violent crimes, sex offenses, and certain felonies have limited eligibility. Filing fee applies.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in New Hampshire.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The New Hampshire Criminal Process — Step by Step Your Rights in an New Hampshire Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How New Hampshire classifies criminal offenses §651:2

New Hampshire divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: 0–15 years, up to $4,000 fine - Class B felony: 0–7 years, up to $4,000 fine

Misdemeanor classifications §651:2

Class A misdemeanor: up to 12 months, $2,000 fine - Class B misdemeanor: up to 0 months, $1,200 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §651:2 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §651:2	State prison (1 year or more) §651:2
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §651:5	Fewer offenses eligible §651:5

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §594:10. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. NH RSA § 594:10 governs warrantless arrest authority. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

New Hampshire Constitution Part I, Art. 32 guarantees bail for all except capital offenses when proof is evident. Courts set bail using risk assessment tools and statutory criteria. Pretrial detention without bail available for high-risk defendants under RSA 597:2. §597:1 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §651:2, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in New Hampshire has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §604-A:1 et seq.. New Hampshire Public Defender (NHPD) is a nonprofit contract agency providing statewide indigent defense under contract with the state. Covers trial and appellate work.
Right to a speedy trial — New Hampshire does not set a fixed number of days for speedy trial. New Hampshire has no fixed statutory speedy trial day limit. Constitutional Barker v. Wingo balancing test applies. NH courts consider length of delay, reason, assertion of right, and prejudice. Remedy is dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in New Hampshire: Class A misdemeanor: up to 2 years; Class B misdemeanor: probation not permitted; Felony: up to 5 years §651:2.

⚠New Hampshire has a habitual offender law §651:6. Extended term of imprisonment available for habitual offenders (§651:6): triggered when a person has twice previously been convicted, in this state or another jurisdiction, on sentences in excess of one year. The extended term is a fixed statutory cap—e.g., up to 30 years for any felony (other than murder, manslaughter, or the specified homicide/DWI offenses) under § 651:6, III(a)—not a doubling of the ordinary maximum.

Clearing your record

New Hampshire does allow certain criminal records to be sealed or expunged §651:5. Waiting periods: 1 year (Class B misdemeanor conviction); 3 years (Class A misdemeanor); 5 years (Class B felony); 10 years (Class A felony); immediate for dismissed/acquitted. Annulment of criminal records available under RSA 651:5. Court has discretion and weighs public interest. Violent crimes, sex offenses, and certain felonies have limited eligibility. Filing fee applies.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §318-B:26. Marijuana possession: Legal (up to 3/4 oz in public per HB 639/2024); civil fine for minor excess; criminal for distribution or larger amounts.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §631:1 et seq.. Domestic violence offenses carry additional consequences including protective orders §173-B:1 et seq..

Theft and property crimes

Classification depends on the value of property taken §637:3 et seq.. Felony threshold: $1,000 (Class B felony for more than $1,000 up to $1,500; Class A felony above $1,500, §637:11).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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