New Hampshire Criminal Defense Attorneys

At DearLegal, we connect you with experienced New Hampshire criminal defense attorneys who navigate the state’s Class A-B grading system, the suspended-sentence and conditional-discharge frameworks, and New Hampshire’s annulment (expungement equivalent) statute under RSA 651:5. Whether your case is in Hillsborough (Manchester/Nashua), Rockingham, Merrimack (Concord), Strafford, or anywhere across New Hampshire’s 10 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. New Hampshire State Police, Manchester PD, Nashua PD, and county sheriffs use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and N.H. Const. Pt. 1, Art. 15 right against self-incrimination.

Yes. New Hampshire Class A misdemeanors carry up to 1 year jail and $2,000 fines under RSA 651:2. Diversion through County Attorney offices can result in dismissal. DV and DUI convictions trigger major collateral consequences.

State cases go through New Hampshire Superior Court (felonies) or Circuit Court — District Division (misdemeanors). Federal cases go to U.S. District Court for the District of New Hampshire (Concord) under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking, § 922(g) firearm cases, and federal fraud.

New Hampshire plea agreements are negotiated between the County Attorney (felonies) or police prosecutor (misdemeanors) and defense. Pleas can include charge reductions, suspended sentences with probation, diversion, drug court entry, and stipulated sentence recommendations.

Yes — New Hampshire calls it annulment rather than expungement, under RSA 651:5. Class A misdemeanors are eligible after 3 years post-completion. Class B felonies after 5 years. Class A felonies after 10 years. Many sex offenses, DUI, and serious violent offenses are excluded. Annulment truly removes the conviction from most public records.

New Hampshire handles juveniles under 18 in juvenile court under RSA 169-B. Juvenile records are confidential and most are sealed automatically. Transfer to adult court for juveniles 13+ for serious offenses under RSA 169-B:24.

New Hampshire DWI under RSA 265-A:2 uses .08 BAC (.04 commercial, .02 under-21). Aggravated DWI (.16+, accident with injury, child passenger) carries enhanced penalties under § 265-A:3. Implied consent under § 265-A:4 — refusal triggers automatic 6-month license suspension. Mandatory IID under § 265-A:36. Second DWI within 10 years is a Class A misdemeanor with mandatory 17 days jail.

Why Do You Need a Criminal Defense Attorney in New Hampshire?

New Hampshire grades crimes under RSA 625:9. Felonies are Class A (up to 15 years) or Class B (up to 7 years); misdemeanors are Class A (up to 1 year), Class B (no jail, fines only), or violation (fines). Murder First-Degree carries mandatory life without parole; Murder Second-Degree carries 35 years to life (New Hampshire abolished the death penalty in 2019 — the last northeastern state to do so). New Hampshire has Extended Term sentencing under RSA 651:6 for repeat offenders, dangerous offenses, and certain firearm crimes. New Hampshire decriminalized possession of small amounts of marijuana in 2017 (HB 640) — possession up to 3/4 oz is a violation; medical cannabis legalized 2013. Recreational possession over 3/4 oz remains criminal. New Hampshire’s annulment statute under RSA 651:5 is the state’s equivalent of expungement — eligible after specific waiting periods (3-10 years depending on offense). Granted petitions truly remove the conviction from most records. New Hampshire County Attorneys plea-bargain extensively, and many counties have established drug court, mental health court, and veterans court programs.

When Do You Need a Criminal Defense Attorney in New Hampshire?

Our network includes New Hampshire criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in New Hampshire

From the moment you connect with a New Hampshire criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to NHSP, sheriffs, or any New Hampshire officer without an attorney

Consenting to a search of your car, home, or phone

Missing a New Hampshire court date — bench warrants and bail forfeiture follow

Posting about the case on social media — New Hampshire prosecutors subpoena platforms

Deleting messages or photos from your phone — Falsifying Physical Evidence (RSA 641:6) is a Class B felony

Accepting the County Attorney’s first plea offer without exploring diversion, drug court, suspended sentencing, or charge reduction

Talking to NHSP, sheriffs, or any New Hampshire officer without an attorney

Consenting to a search of your car, home, or phone

Missing a New Hampshire court date — bench warrants and bail forfeiture follow

Posting about the case on social media — New Hampshire prosecutors subpoena platforms

Deleting messages or photos from your phone — Falsifying Physical Evidence (RSA 641:6) is a Class B felony

Accepting the County Attorney’s first plea offer without exploring diversion, drug court, suspended sentencing, or charge reduction

Common New Hampshire Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New Hampshire Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in New Hampshire work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under N.H. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The New Hampshire Public Defender represents indigent defendants statewide.

What Can Your New Hampshire Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss, speedy trial under RSA 600-A:1 and constitutional speedy trial, or prosecutor nolle prosequi.

Charge Reduction

Reduction from felony to misdemeanor, from Class A to Class B, removal of extended term or firearm enhancement allegations.

Diversion / Specialty Courts

Diversion through County Attorney offices and police prosecutors — completion = dismissal. Drug court, mental health court, and veterans court available in many counties.

Plea Agreement

Negotiated resolution. Includes charge reductions, dismissed counts, recommended sentences (often suspended), and probation.

Trial Acquittal

Not guilty verdict by New Hampshire jury or judge. New Hampshire criminal juries are 12 for felonies, 6-12 for misdemeanors, and must be unanimous (N.H. Const. Pt. 1, Art. 15).

Post-Conviction Relief

New Hampshire habeas corpus under RSA 534, motion to vacate, and motion for new trial. Time limits vary; constitutional claims preserved.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New Hampshire Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in New Hampshire?

When Do You Need a Criminal Defense Attorney in New Hampshire?

Types of Criminal Defense Cases in New Hampshire

Common New Hampshire Criminal Defense Mistakes

How Much Do New Hampshire Criminal Defense Attorneys Cost?

What Can Your New Hampshire Criminal Defense Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.