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Obstruction of Justice in New Hampshire

How obstruction of justice is charged in New Hampshire, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: Obstructing government administration (using intimidation, force or violence, fake legal papers, or other unlawful conduct to hinder or retaliate against a public servant) is a misdemeanor; RSA 642:1, 641:5, 642:3; RSA 651:2

Obstruction of justiceObstructing government administration (using intimidation, force or violence, fake legal papers, or other unlawful conduct to hinder or retaliate against a public servant) is a misdemeanor; fleeing or refusing arrest is charged under other statutes (RSA 642:1). Witness tampering (trying to make someone testify falsely, withhold evidence, dodge a subpoena or skip a proceeding, retaliating against a witness, or taking a benefit to do so) is a class B felony, up to 7 years (RSA 641:5). Hindering apprehension or prosecution (hiding someone, helping the person escape, warning the person, or destroying evidence) is a misdemeanor, or a class B felony if the actor knows the charge is murder or a class A felony (RSA 642:3).
Witness tampering: https://gc.nh.gov/rsa/html/LXII/641/641-5.htm ; hindering: https://gc.nh.gov/rsa/html/LXII/642/642-3.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm

More New Hampshire criminal law

FAQ

Is obstruction of justice a felony in New Hampshire?
Obstructing government administration (using intimidation, force or violence, fake legal papers, or other unlawful conduct to hinder or retaliate against a public servant) is a misdemeanor; fleeing or refusing arrest is charged under other statutes (RSA 642:1). Witness tampering (trying to make someone testify falsely, withhold evidence, dodge a subpoena or skip a proceeding, retaliating against a witness, or taking a benefit to do so) is a class B felony, up to 7 years (RSA 641:5). Hindering apprehension or prosecution (hiding someone, helping the person escape, warning the person, or destroying evidence) is a misdemeanor, or a class B felony if the actor knows the charge is murder or a class A felony (RSA 642:3).
Can I get a court-appointed lawyer for obstruction of justice in New Hampshire?
New Hampshire's rule on court-appointed lawyers: When a defendant charged with a felony or a class A misdemeanor appears without counsel, the court advises the defendant of the right to counsel and that counsel will be appointed if the defendant cannot afford it. The court instructs the defendant to complete a financial statement under oath and, if satisfied the defendant is financially unable to obtain counsel, appoints counsel — first the public defender program (RSA 604-B), then a contract attorney, then any qualified attorney. The court shall appoint counsel without formal application where mental illness interferes with the defendant's ability to communicate or apply. RSA 604-A:2
How much does a lawyer for obstruction of justice cost in New Hampshire?
Lawyers set their own fees, and New Hampshire has rules on how they may charge. See hiring a criminal defense lawyer in New Hampshire for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for obstruction of justice in New Hampshire?
How release before trial works in New Hampshire: At the defendant's appearance, the court orders the person released on personal recognizance or an unsecured appearance bond, released on conditions, or detained. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition, unless after a hearing it finds probable cause that no reasonable alternative assures compliance (§ 597:2, IV). The court may detain a person if it finds probable cause that release will not reasonably assure appearance or will endanger the safety of the person or the public (§ 597:2, III(a)). Persons charged with listed qualifying offenses (including homicide, certain assaults, sexual assault, kidnapping and robbery) are not brought before a bail commissioner and are detained pending arraignment, which must occur within 36 hours excluding weekends and holidays (§ 597:2, III(c)). A person charged with a class B misdemeanor is released on personal recognizance pending arraignment unless release would endanger safety (§ 597:2, XIII). A detained person may seek a hearing on reconsideration within 36 hours after the filing of the motion, excluding weekends and holidays (§ 597:2, XIV(a)). RSA 597:2 What happens after an arrest.
Can a conviction for obstruction of justice be removed from my record in New Hampshire?
Each state sets its own rules for sealing or expunging records. See New Hampshire expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.