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TL;DR:
- Criminal charges in New Hampshire are divided into felonies and misdemeanors, each with distinct court procedures and penalties. Felonies are classified as Class A or B, with the most serious requiring a grand jury indictment, while misdemeanors are handled mainly in Circuit Court. The system categorizes charges by severity and type, influencing legal strategies and sentencing outcomes.
Criminal charges in New Hampshire are classified primarily into felonies and misdemeanors, each carrying distinct legal definitions, court procedures, and consequences under state law. If you are facing an allegation or simply want to understand the system, knowing how charges are categorized is the first step toward making informed decisions. New Hampshire’s Superior Court handles felony cases, while the Circuit Court manages most misdemeanor matters. The categories of criminal charges extend beyond just severity level. They also include violent crimes, property crimes, drug offenses, and financial crimes, each with its own legal framework and potential penalties.
Criminal charges in New Hampshire fall into two primary categories: felonies and misdemeanors. Felonies are the more serious class, carrying potential prison sentences and long-term consequences for your record, employment, and civil rights. Misdemeanors are less severe but still carry real penalties, including fines and jail time. Understanding which category applies to your situation shapes every decision that follows, from how you prepare your defense to which court will hear your case.
Felonies in New Hampshire are divided into Class A and Class B, with meaningful differences in sentencing and procedure. Class A felonies are the most serious and require a grand jury indictment before prosecution can proceed. Class B felonies may be prosecuted by indictment or by information, which is a formal charging document filed directly by the prosecutor.
Class A felony examples include:
Class B felony examples include:
Sentencing for Class A felonies can result in prison terms of seven and a half years or more, while Class B felonies typically carry sentences up to seven years. Special circumstances can increase penalties significantly. Hate crimes, offenses targeting children, and financial exploitation of elderly individuals all trigger enhanced sentencing under New Hampshire law.
The statute of limitations for most Class A and Class B felonies is six years. Murder carries no statute of limitations. Sexual assault charges involving minor victims can be filed up to 22 years after the victim turns 18. That extended window means a charge can arise long after the alleged event, which makes early legal preparation especially important.
Pro Tip: If you believe you are under investigation for a felony, consult a criminal defense attorney before speaking with law enforcement. Anything you say during that period can be used against you in court.
A misdemeanor is a criminal offense less serious than a felony but more serious than a violation. Common misdemeanor charges in New Hampshire include simple assault, petty theft, criminal mischief, and driving while intoxicated at the lower end of the severity scale. Penalties range from fines to up to one year in county jail, depending on the offense and any prior record.
New Hampshire misdemeanors are divided into Class A and Class B as well. Class A misdemeanors carry the possibility of jail time, while Class B misdemeanors are punishable by fines only. That distinction matters because a Class A misdemeanor conviction can still affect your housing applications, professional licenses, and background checks.
The Circuit Court’s District Division handles misdemeanors and civil claims up to $25,000. Most misdemeanor cases begin and end in Circuit Court. However, if a misdemeanor charge arises from the same conduct as a felony, it can be transferred to Superior Court and handled alongside the more serious charge.
Common misdemeanor charges handled in Circuit Court:
Beyond the felony and misdemeanor distinction, criminal charges fall into broader categories based on the nature of the conduct. Each category carries its own legal elements, defenses, and sentencing considerations. Knowing which category your charge falls into helps you understand what the prosecution must prove.
Violent crimes. These include assault, robbery, homicide, and domestic violence. The prosecution must prove that force was used or threatened against another person. New Hampshire treats violent offenses seriously, and convictions often result in prison time even for first-time offenders.
Property crimes. Burglary, theft, arson, and vandalism fall here. The key legal element is interference with another person’s property, not necessarily physical harm to a person. Theft over $1,500 crosses into felony territory in New Hampshire.
Drug offenses. Possession, distribution, and trafficking are distinct charges with different penalties. Simple possession of small amounts may be a misdemeanor. Drug trafficking, particularly involving controlled substances like fentanyl or methamphetamine, is a Class A felony. Lydon handles drug charge defense for clients across New Hampshire.
Inchoate offenses. These are incomplete crimes, meaning the underlying act did not have to be completed for the charge to apply. Attempt, conspiracy, and solicitation are the three main inchoate offenses. You can be charged with conspiracy to commit robbery even if no robbery occurred.
Financial and white-collar crimes. Fraud, embezzlement, identity theft, and money laundering fall into this category. These charges often involve complex evidence like financial records and digital communications. Penalties can be severe, particularly when large sums or multiple victims are involved.
Statutory crimes. These are offenses defined entirely by statute, meaning the law itself creates the crime regardless of intent. Statutory rape is the most well-known example. In New Hampshire, certain statutory offenses carry mandatory minimum sentences.
Pro Tip: Domestic violence charges can appear in multiple categories at once, including violent crimes and statutory offenses. If you are facing domestic violence charges, the legal complexity increases significantly.
Felony cases in New Hampshire are exclusively handled by the Superior Court after probable cause has been established in Circuit Court. That two-step process is called a bindover. The Circuit Court first holds a probable cause hearing to determine whether enough evidence exists to send the case upward. If probable cause is found, the case moves to Superior Court for prosecution.
The table below outlines how the two courts divide responsibility:
| Stage | Circuit Court | Superior Court |
|---|---|---|
| Arraignment | All charges | Felonies after bindover |
| Probable cause hearing | Felonies before bindover | Not applicable |
| Misdemeanor trial | Yes | Only if joined with a felony |
| Felony trial | No | Yes |
| Grand jury indictment | No | Required for Class A felonies |
| Sentencing | Misdemeanors | Felonies |
Class A felonies require grand jury indictment, while Class B felonies may proceed by information. That procedural distinction affects how quickly a case moves forward and how much time your attorney has to build a defense. Superior Court procedures include arraignment, pre-trial motions, plea negotiations, jury selection, trial, and sentencing by the presiding judge. The prosecution’s burden of proof at every stage is beyond a reasonable doubt, the highest standard in the American legal system.
Understanding this process is not just academic. The stage your case is in determines what motions are available, what evidence can be challenged, and what negotiation leverage exists. An attorney who knows New Hampshire’s court procedures can use each stage strategically.
Felonies and misdemeanors in New Hampshire follow distinct court paths, sentencing ranges, and procedural rules that directly shape your defense options from the moment charges are filed.
| Point | Details |
|---|---|
| Felony classification matters | Class A felonies require grand jury indictment; Class B felonies may proceed by information. |
| Court jurisdiction is fixed | Superior Court handles all felonies; Circuit Court handles misdemeanors unless joined with a felony. |
| Charge categories affect defense | Violent, property, drug, and inchoate charges each require different legal strategies and evidence. |
| Statute of limitations varies | Most felonies carry a six-year limit, but murder has none and sexual assault of minors extends to 22 years post-18. |
| Early legal help is critical | The bindover process and grand jury stage are key windows where an attorney can influence case outcomes. |
After working with clients across New Hampshire’s courts, the pattern I see most often is this: people underestimate how quickly a charge escalates. A misdemeanor that seems minor at arraignment can become a felony if the facts develop differently or if prior convictions apply. That shift changes everything, from which court handles the case to how long a potential sentence could be.
The other thing I see regularly is confusion about what the charge category actually means for daily life. A Class B misdemeanor conviction with no jail time still shows up on background checks. It can affect professional licensing in fields like nursing, education, and finance. People focus on avoiding jail and overlook the collateral consequences that follow them for years.
Knowing the difference between civil and criminal law also matters more than most people realize. Some situations involve both, and the strategies in each arena are completely different. A criminal defense attorney who also understands civil exposure gives you a clearer picture of your total risk.
The most common mistake I see is waiting too long to get legal help. By the time some clients reach out, the probable cause hearing has already occurred, plea discussions have started without them, and the window for challenging early evidence has closed. The earlier you understand what you are facing, the more options you have.
— Rich
Lydon’s criminal defense practice covers the full range of charges New Hampshire residents face, from first-offense misdemeanors to serious felony allegations. Attorney Kalie Lydon has appeared in New Hampshire courts at every level, including the state’s Supreme Court, and works directly with each client throughout the process. You will not be handed off to a paralegal or left guessing about where your case stands. If you want to understand your criminal defense options and what the charges against you actually mean, Lydon is ready to provide clear, honest guidance. Reach out to the Nashua or Portsmouth office to schedule a consultation.
A felony is a more serious criminal offense that carries potential prison sentences and is prosecuted in Superior Court. A misdemeanor is a less severe offense handled primarily in Circuit Court, with penalties including fines and up to one year in county jail.
Class A felony examples include first-degree assault, robbery, and drug trafficking. Class B felony examples include burglary, second-degree assault, and theft of property valued over $1,500.
Class A felonies require a grand jury indictment before prosecution proceeds in Superior Court. Class B felonies may be prosecuted by indictment or by information, which is a formal charging document filed by the prosecutor.
Yes. A misdemeanor charge can move to Superior Court if it arises from the same conduct as a felony charge filed against the same defendant.
Most Class A and Class B felonies carry a six-year statute of limitations. Murder has no time limit. Sexual assault charges involving minor victims can be filed up to 22 years after the victim turns 18.
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