Class A Misdemeanor in New Hampshire: Penalties and Record Impact

A Class A misdemeanor in New Hampshire carries up to one year in a county house of corrections and a fine of up to $2,000.¹ It is the most serious misdemeanor level in the state, sitting one step below a felony. The sentence a judge actually imposes is often far less than the maximum, and the structure of that sentence can even change how the conviction is recorded on your record. The consequences that reach beyond the courtroom — background checks, firearms rights, immigration status — are frequently what matter most.

Maximum Penalties

The ceiling on jail time for a single Class A misdemeanor count is twelve months, served in a county house of corrections rather than a state prison.¹ A judge cannot go beyond that no matter how serious the underlying facts.

The maximum fine is $2,000, and the court can impose it in addition to jail, probation, or a conditional discharge.¹ Administrative surcharges and penalty assessments typically push the actual out-of-pocket number higher than the statutory fine alone.

Which Offenses Are Class A

Some crimes are labeled Class A misdemeanors directly in their own statute. Domestic violence under RSA 631:2-b is a clear example when no deadly weapon is involved. Many other New Hampshire crimes are simply labeled “misdemeanor” without specifying a class, and that is where RSA 625:9 does the work.

An unclassified misdemeanor is presumed to be a Class B misdemeanor unless one of three things is true: the offense involves an act or threat of violence, the prosecutor files a notice of intent to seek Class A penalties before arraignment, or the charge is filed directly in superior court.² The same conduct can therefore be prosecuted either way depending on the circumstances and the prosecutor’s choice. If you were charged with an unclassified misdemeanor and the state has not filed a Class A notice, your exposure may be limited to a fine with no jail time.

Simple Assault

Simple assault under RSA 631:2-a is one of the most frequently charged Class A misdemeanors. It covers purposely or knowingly causing bodily injury or unwanted physical contact, recklessly causing bodily injury, or negligently causing bodily injury with a deadly weapon.³

Domestic Violence

RSA 631:2-b reaches further than simple assault. In addition to bodily injury, it covers threatening someone with a deadly weapon to terrorize them, coercing sexual contact, unlawful confinement, and blocking access to a phone to prevent a call for help. It is classified as a Class A misdemeanor by statute, and escalates to a Class B felony if a deadly weapon is used or threatened. A domestic violence conviction carries two additional consequences discussed below: a 10-year wait for annulment and a federal firearms ban.

Theft

Theft is a misdemeanor when the value of the property or services is $1,000 or less.⁴ The theft statute does not specify a class, so the default is Class B unless the prosecutor files a Class A notice.² Shoplifting and walking out on a service bill both fall under this statute.

Criminal Mischief

Intentionally or recklessly damaging someone else’s property is criminal mischief under RSA 634:2. It becomes a Class B felony when the damage exceeds $1,000 or disrupts a public service such as water, power, or transportation.⁵ Below that line it is a misdemeanor, with the class again depending on whether the state seeks Class A penalties.

Resisting Arrest

Physically interfering with an officer trying to make an arrest or detention is a misdemeanor under RSA 642:2, whether or not the underlying arrest was legally valid.⁶ Because the conduct involves physical interference, it generally qualifies as an act of violence and defaults to Class A treatment.

Your Right to a Jury Trial and a Lawyer

Because a Class A misdemeanor authorizes more than six months of jail, it crosses the constitutional line separating “petty” offenses from those that trigger the full Sixth Amendment. The U.S. Supreme Court has held that any offense authorizing more than six months of imprisonment carries a right to a jury trial.⁷ New Hampshire Class A misdemeanor cases typically start in the circuit court’s district division before a judge, but defendants can exercise the jury right in superior court.

If you cannot afford a lawyer, the court must appoint one. New Hampshire law requires the court to advise every defendant charged with a felony or Class A misdemeanor of the right to counsel and to appoint an attorney if the defendant is financially unable to hire one.⁸ The right also applies any time jail, including a suspended sentence, is on the table. A conviction obtained without counsel when you were entitled to one cannot later be used to put you in jail.⁹

Sentences That Avoid Jail

Most Class A misdemeanor convictions do not end with the maximum sentence. Judges have several options short of locking someone up.

Probation. The court can place you under Department of Corrections supervision for a set period, with conditions that often include staying employed, avoiding contact with the victim, completing counseling, or submitting to drug testing. Monthly supervision fees typically apply.

Suspended sentence. The judge imposes a jail term but holds off on executing it. You stay out of jail as long as you comply with the conditions and pick up no new charges during the suspension period. A violation can bring the original sentence down.

Conditional discharge. Similar to a suspended sentence but without active supervision. You are released on the condition that you meet certain requirements within a set timeframe.¹

Restitution and community service. New Hampshire expects offenders to compensate victims for out-of-pocket economic losses: medical bills, lost income, damaged or destroyed property, funeral expenses, and costs like childcare or transportation incurred because of the crime. Community service hours are also commonly added.

How a Class A Can Become a Class B on Your Record

This is the practical lever that matters in most Class A plea negotiations. Under RSA 625:9, VIII, if you are convicted of a Class A misdemeanor but your sentence includes no actual jail time, no suspended or deferred jail sentence, and no fine above the Class B maximum, the court is required to record the conviction as a Class B misdemeanor instead.² The statute uses “shall,” so the reclassification is not discretionary.

A Class B misdemeanor on your record carries no jail exposure, a lower fine cap, and a shorter annulment wait of two years instead of three. If your attorney can structure a sentence that stays below the reclassification threshold, the conviction on your record drops a full level. That is why Class A plea negotiations often focus as heavily on the specific sentence structure as on the charge itself.

Consequences Beyond the Sentence

The sentencing statute is only part of what a conviction costs.

Employment, Licensing, and Housing

New Hampshire employers and landlords can run criminal background checks, and a Class A misdemeanor will show up. Licensed professions, including healthcare, education, and law enforcement, may deny or revoke a license based on a misdemeanor conviction, particularly one involving violence, dishonesty, or substance abuse. Many employers outside licensed fields treat a criminal record as disqualifying as well.

Federal Firearms Ban

If your Class A misdemeanor qualifies as a “misdemeanor crime of domestic violence” under federal law, you are permanently banned from possessing any firearm or ammunition.¹⁰ The ban applies to any misdemeanor conviction involving the use or attempted use of physical force against a spouse, former spouse, co-parent, cohabitant, or dating partner. Violating the ban is a separate federal crime carrying up to 15 years in prison. There is no exception for law enforcement or military personnel, and the ban applies in both personal and professional life.

Immigration

For non-citizens, a Class A misdemeanor conviction can be far more damaging than any sentence a New Hampshire court imposes. Federal immigration law operates independently of state classifications. A conviction New Hampshire treats as a misdemeanor may qualify as an “aggravated felony” or a “crime involving moral turpitude” under federal immigration law, either of which can trigger deportation. Drug offenses, theft, and fraud-related misdemeanors are common triggers. Immigration law has no statute of limitations for criminal grounds of removal, and even an annulled conviction may still count. If you are not a U.S. citizen, talk to an immigration attorney before accepting any plea.

Statute of Limitations

Under RSA 625:8, the state has one year from the date of the offense to begin prosecution of a misdemeanor. The clock pauses if you leave New Hampshire or stop maintaining a residence or workplace in the state, and it also pauses while another prosecution for the same conduct is pending. Once the limitation period runs out, charges can no longer be brought.

Clearing the Record Later

New Hampshire uses the term “annulment” rather than “expungement.” Under RSA 651:5, you can petition the sentencing court to annul your arrest, conviction, and sentence after completing the entire sentence and staying conviction-free for three years.¹¹ The three-year clock does not start until every condition is satisfied: fines paid, probation completed, community service done.

Three exceptions matter:

Domestic violence misdemeanors require a 10-year wait after completing the sentence.¹¹
Drug offenses under RSA 318-B:26, II have a shorter two-year wait.¹¹
Violent crimes cannot be annulled at all.¹¹

Annulment has limits even when granted. Federal agencies and immigration authorities may still be able to access annulled records, and an annulled conviction can still count against a non-citizen in immigration proceedings.

1
New Hampshire General Court. New Hampshire Code 651:2 – Sentences and Limitations
2
New Hampshire General Court. New Hampshire Code 625:9 – Classification of Crimes
3
New Hampshire General Court. New Hampshire Code 631:2-a – Simple Assault
4
New Hampshire General Court. New Hampshire Code 637:11 – Penalties
5
New Hampshire General Court. New Hampshire Code 634:2 – Criminal Mischief
6
New Hampshire General Court. New Hampshire Code 642:2 – Resisting Arrest or Detention
7
Legal Information Institute. When the Right to a Jury Trial Applies: Current Doctrine
8
New Hampshire General Court. New Hampshire Code 604-A:2 – Appointment of Counsel
9
Constitution Annotated. Right to Counsel in Misdemeanor Cases
10
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
11
New Hampshire General Court. New Hampshire Code 651:5 – Annulment