Criminal Defense

When you have been charged with or are under investigation for a criminal offense, you need the advice of an experienced criminal defense attorney. All criminal charges are serious, whether you face a felony or misdemeanor. Criminal penalties can be significant and last for years, sometimes for life, affecting your future and your family. Working with a competent criminal defense attorney can make a lasting difference in the direction of your life. 

A knowledgeable criminal defense attorney will consider all aspects of your case to build a criminal defense strategy. For example, you might be facing false accusations or improperly charged for a lesser offense. With a complete understanding of your case, your attorney can guide you through every stage and achieve the best possible outcome.

Attorney Bonnie Sisak is an experienced felony and misdemeanor trial attorney and understands how to build a strong defense against all criminal charges. With over a thousand cases handled and 15 years as a criminal defense attorney, she will work tirelessly on your behalf to manage your case effectively and professionally. 

Attorney Sisak handles all criminal cases with a specialized focus on felonies, including:

  • Sexual Assualt
  • White Collar Crimes 
  • Computer Crimes
  • Motor Vehicle Offenses
  • Homicide
  • Drug Offenses

Whatever criminal charge you are facing, Attorney Sisak is ready to support you during this trying time. 

Questions?

The legal community recognizes Attorney Sisak as one of the best criminal defense attorneys in New Hampshire. With over 15 years of experience and over a thousand cases as a felony and misdemeanor trial attorney, she has superior knowledge of effective criminal defense techniques to achieve successful results for her clients. Contact Attorney Sisak today and let her support you through this trying time and fight on your behalf.  


Classification of Crimes


A criminal charge is serious and stressful, whether you are facing a felony or misdemeanor. Depending on your charge, you could be facing fines and imprisonment. A criminal defense attorney will advise you on the charges you are facing and the potential penalties for those offenses and will guide you through a defense strategy to achieve the best outcome. 

In New Hampshire, section 625:9 of the criminal code governs the classification of every offense as a felony, misdemeanor, or violation. Felonies and misdemeanors are crimes that will appear on your criminal record, while violations are not considered a crime in New Hampshire. 

Felonies

Felonies are the most serious criminal charge. Felonies are classified as either Class A felonies or Class B felonies when committed by an individual. 

Class A felonies include violent crimes such as Homicide, sexual assault, drug crimes, and theft of property valued over $1,500. A person convicted of a felony may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine. If a punishment of imprisonment is imposed, the maximum punishment for a Class A felony conviction is imprisonment for up to fifteen years. With the most severe Class A felony, life in prison without the possibility of parole is a possible sentence. 

Class B felonies include computer fraud and theft of property under $1,500, and repeat DWI offenses. A person convicted of a Class B felony can face fines and up to seven years imprisonment. 

Misdemeanors 

Misdemeanors carry less severe punishment than felonies, but convictions will also appear on your criminal record. New Hampshire classifies misdemeanors as Class A or Class B. Punishment for misdemeanor convictions can include fines, imprisonment, and probation. 

Class A misdemeanors include destruction of property and criminal mischief. Punishment for a Class A misdemeanor is imprisonment not to exceed one year.  

Class B misdemeanors typically are crimes that do not involve violence and include first-time driving while intoxicated offenses and simple assault. Punishment for a Class B misdemeanor conviction will not include jail time but a fine of up to $1,200. For driving-related Class B misdemeanor convictions, license restrictions are possible. 

Lesser Classification of the Same Crime

Under New Hampshire law, RSA 625:9, discretion is provided to the state and the judge to allow under certain circumstances for misdemeanor offense convictions to be formally arraigned as a violation rather than a misdemeanor offense. The state and judge may also have the discretion to lower a Class A misdemeanor conviction to that of a Class B misdemeanor. A knowledgeable criminal defense attorney can navigate the New Hampshire court system and statutes for more favorable client outcomes.

Experienced Criminal Defense Attorney

Attorney Bonnie Sisak is an experienced felony and misdemeanor trial attorney and understands how to build a strong defense against all criminal charges. With over a thousand cases handled and 15 years as a criminal defense attorney, she will work tirelessly on your behalf to manage your case effectively and professionally. 

Attorney Sisak handles all criminal cases with a specialized focus on felonies, including:

  • Sexual Assualt
  • White Collar Crimes 
  • Computer Crimes
  • Motor Vehicle Offenses
  • Homicide
  • Drug Offenses 

Whatever criminal charge you are facing, Attorney Sisak is ready to support you during this trying time. 

Questions?

The legal community recognizes Attorney Sisak as one of the best criminal defense attorneys in New Hampshire. With over 15 years of experience and over a thousand cases as a felony and misdemeanor trial attorney, she has superior knowledge of effective criminal defense techniques to achieve successful results for her clients. Contact Attorney Sisak today and let her support you through this trying time and fight on your behalf.  

Sexual Assault and Related Offenses 

In New Hampshire, section 632-a of the criminal code governs Sexual Assault and Related Offenses. Aggravated sexual assault is a felony in New Hampshire and carries severe punishment and can confer lifetime restrictions on employment opportunities. 

  • If a sexual assault case goes to trial, there are restrictions on the evidence and testimony that New Hampshire permits, including rules that:
  • The testimony of the accuser does not require corroboration  

  • Prior consensual sexual activity between the parties shall not be admitted into evidence
  • A jury is not required to infer consent from the accuser's failure to resist a sexual assault physically
  • The manner of dress of the accuser at the time of the sexual assault shall not be admitted as evidence

Section 632-A:10-a of the criminal code governs the penalties for a person convicted of aggravated felonious sexual assault. 

Imprisonment can include up to 20 years for a first-time conviction of aggravated felony sexual assault. Repeat convictions carry longer imprisonment standards of up to forty years. When a person has been previously convicted of two or more sexual assault convictions, imprisonment is for life without the possibility of parole. 

In addition to imprisonment, a New Hampshire judge may include a special sentence of lifetime supervision by the department of corrections. Suppose the person does not  comply with the conditions of lifetime supervision imposed by the court or the department of corrections. In that case, that will be considered a violation, and the person will be deemed in contempt of court. 

Because of the seriousness of sexual assault convictions in New Hampshire, it is imperative to work with a criminal defense attorney experienced with achieving successful outcomes for clients accused of sexual assault crimes. Attorney Bonnie Sisak is an experienced felony and misdemeanor trial attorney and understands how to build a strong defense against all criminal charges. With over a thousand cases handled and 15 years as a criminal defense attorney, she will work tirelessly on your behalf to manage your case effectively and professionally. While Attorney Sisak handles all criminal cases, she specializes in felonies in New Hampshire, including sexual assault and related offenses. 

Questions?

The legal community recognizes Attorney Sisak as one of the best criminal defense attorneys in New Hampshire. With over 15 years of experience and over a thousand cases as a felony and misdemeanor trial attorney, she has superior knowledge of effective criminal defense techniques to achieve successful results for her clients. Contact Attorney Sisak today and let her support you through this trying time and fight on your behalf.  

Stalking Kidnapping and False Imprisonment 

In New Hampshire, section 633 of the criminal code governs Interference of Freedom offenses, which include stalking, kidnapping, and false imprisonment offenses. Interference of Freedom offenses are taken very seriously in New Hampshire, and a guilty verdict can result in lengthy prison sentences. Alternatively, stalking, kidnapping, and false imprisonment victims can benefit from an attorney's support to gain court-ordered protections. Therefore, hiring a knowledgeable attorney to represent you in situations involving stalking, kidnapping, or false imprisonment accusations is important. 

Stalking 

A competent attorney can help defend against accusations of stalking and can support victims of stalking.  

A victim of stalking can seek relief by filing a civil petition in the district court where the victim or the stalker resides. The victim of stalking must show a preponderance of evidence to the court to be granted relief, and an attorney can help compile the evidence to present to the court. 

New Hampshire considers stalking to be a course of conduct including, but not limited to: 

  • Threatening the safety of the targeted person or an immediate family member.
  • Following, approaching, or confronting that person or a member of that person's immediate family.
  • Appearing close to or entering the person's residence, place of employment, school, or other places where the person can be found, or the residence, place of employment, or school of a member of that person's immediate family.
  • Causing damage to the person's residence or property or that of a member of the person's immediate family.
  • Placing an object on the person's property, either directly or through a third person or that of an immediate family member.
  • Causing injury to that person's pet or to a pet belonging to a member of that person's immediate family.

A specialized charge of "stalking-domestic violence" will likely be included when the accuser is an intimate partner, family, or household member of the accused stalker. Stalking-domestic violence charges include additional fines. 

Kidnapping

Kidnapping takes place under a variety of circumstances. For example, a person commits kidnapping if he knowingly confines another under his control with the purpose to:  

  • Hold him for ransom or as a hostage; or
  • Avoid apprehension by a law enforcement official; or
  • Terrorize him or some other person; or
  • Commit an offense against him.

Kidnapping is a class A felony when the accuser suffers serious bodily injury during the kidnapping. Kidnapping will be a class B felony even when the accuser is released in a safe place without injury. 

A specialized charge of "kidnapping-domestic violence" will likely be included when the accuser is an intimate partner, family, or household member of the accused kidnapper. Kidnapping-domestic violence charges include additional fines. 

Section 633:4 of the criminal code governs Interference with Custody offenses, in which parents in custody disagreements can find themselves needing to defend against accusations. Interference with Custody is committed when a person takes or entices a child under 18 with the intent to detain or conceal the child from a parent, guardian, person with lawful parental rights or an agency with protective supervision or legal custody of the child. Inteference with Custody crossing state lines is a class B felony charge. Interference with Custody in New Hampshire is a misdemeanor.  

New Hampshire provides an affirmative defense to Interference with Custody charges when the person acted in good faith to protect the child from real and imminent physical danger. Evidence of good faith can include filing a nonfrivolous petition documenting such danger and seeking to modify the custody decree. The petition must be filed within 72 hours of termination of visitation rights. The affirmative defense of good faith is not available when the accused has left the state of New Hampshire with the child.   

False Imprisonment

In New Hampshire, section 633:3 of the criminal code governs false imprisonment offenses. False imprisonment is a misdemeanor. A person is guilty of false imprisonment when knowingly confining another unlawfully to interfere substantially with their ability to move physically.

The meaning of "confines another unlawfully" includes but is not limited to confinement accomplished by force, threat, or deception. For people under 16 or incompetent, false imprisonment charges can be brought when confinement of another unlawfully takes place without the parent or guardian's consent. 

Because of the seriousness of stalking, kidnapping, and false imprisonment accusations in  New Hampshire, it is critical to work with an attorney experienced with achieving successful outcomes for clients accused of or concerned with the interference of freedom situations. Attorney Bonnie Sisak is an experienced felony and misdemeanor trial attorney and understands how to build a strong case. With over a thousand cases handled and 15 years as an attorney, she will work tirelessly on your behalf to manage your case effectively and professionally. While Attorney Sisak handles all criminal cases, she specializes in felonies in New Hampshire, including interference of freedoms cases. 

Questions?

The legal community recognizes Attorney Sisak as one of the best criminal defense attorneys in New Hampshire. With over 15 years of experience and over a thousand cases as a felony and misdemeanor trial attorney, she has superior knowledge of effective criminal defense techniques to achieve successful results for her clients. Contact Attorney Sisak today and let her support you through this trying time and fight on your behalf.  

Destruction of Property: Arson and Criminal Mischief 

In New Hampshire, section 634 of the criminal code governs the destruction of property, which includes arson and criminal mischief offenses. 

Arson

A person could be charged with arson if accused of knowingly starting a fire or causing an explosion that unlawfully damages another's property. Arson can be a class A or B felony or a misdemeanor, determined by the type of property damaged by the fire or explosion. For example, occupied and historic structures involved in arson charges will be a class A felony. New Hampshire will likely bring a class B felony arson charge on a person suspected of starting a fire to collect insurance money. Additionally, if a person was determined to be put at risk for injury or death by the arson, a class B felony charge is likely. Other circumstances for arson could be a misdemeanor charge.

Criminal Mischief

Vandalism, defacement, destruction, and tampering with public property are activities in New Hampshire that might lead to criminal mischief charges. In addition, purposefully or recklessly damaging another's property without a right or a reasonable belief of a right to damage another's property is also considered criminal mischief. Criminal mischief is a class B felony in cases involving purposefully causing or attempting to cause damage that results in loss valued at over $1,500. Class B felony criminal mischief also includes:

  • Actions directed at interrupting public utilities and transportation 
  • Firing a gun at an occupied structure
  • Knowingly damaging property that has historical, cultural, or sentimental value

Criminal mischief is a class A misdemeanor if the value of the damage is over $100 and less than $1,500. All other criminal mischief cases are considered misdemeanors in New Hampshire. 

Destruction of property charges could result in a class A or B felony or misdemeanor convictions, all of which would appear on your criminal record. Having the representation of an experienced criminal defense attorney can help achieve a successful outcome to destruction or property accusations. Attorney Bonnie Sisak is an experienced felony and misdemeanor trial attorney and understands how to build a strong case. With over a thousand cases handled and 15 years as an attorney, she will work tirelessly on your behalf to manage your case effectively and professionally. While Attorney Sisak handles all criminal cases, she specializes in felonies in New Hampshire, including destruction of property cases. 

 

Questions?

The legal community recognizes Attorney Sisak as one of the best criminal defense attorneys in New Hampshire. With over 15 years of experience and over a thousand cases as a felony and misdemeanor trial attorney, she has superior knowledge of effective criminal defense techniques to achieve successful results for her clients. Contact Attorney Sisak today and let her support you through this trying time and fight on your behalf.  

Theft and Robbery

In New Hampshire, section 637 governs theft, and section 636-1 of the criminal code governs robbery offenses.  

Theft

New Hampshire has several types of theft charges, including: 

  • Theft by Unauthorized Taking or Transfer
  • Willful Concealment
  • Theft by Deception
  • Theft by Extortion
  • Theft of Lost or Mislaid Property
  • Receiving Stolen Property
  • Possession of Property Without Serial Number
  • Theft of Services
  • Unauthorized Use of Propelled Vehicle or Rented Property
  • Theft by Misapplication of Property
  • Use or Possession of Theft Detection Shielding Devices and Theft Detection Device Removers
  • Fraudulent Retail Transactions
  • Organized Retail Crime Enterprise
  • Theft charges will be a class A felony when: 
  • The property or services over $1,500 in value, or
  • The property stolen is a firearm, or
  • A deadly weapon is used during the theft

Theft charges will be a class B felony when:

  • The property or service is between $1,000-$1,500 in value, or 
  • The accused has previously committed theft more than once
  • The accused committed theft at more than three businesses within 72 hours
  • The accused stole the property to resell or distribute the property property 

Finally, theft will be a misdemeanor if the value of the property or services is under $1,000.

Robbery

A robbery charge is possible if, while committing theft, the accused uses physical force or threatens a person to use physical force. Robbery is a class A or B felony, determined by the harm to the victim and whether the accused used a weapon or firearm. 

Theft and robbery are serious charges. Hiring an experienced criminal defense attorney when faced with any criminal charge is important to get the best outcome. Attorney Bonnie Sisak is an experienced felony and misdemeanor trial attorney and understands how to build a strong case. With over a thousand cases handled and 15 years as an attorney, she will work tirelessly on your behalf to manage your case effectively and professionally. While Attorney Sisak handles all criminal cases, she specializes in felonies in New Hampshire, including theft and robbery cases. 

Questions?

The legal community recognizes Attorney Sisak as one of the best criminal defense attorneys in New Hampshire. With over 15 years of experience and over a thousand cases as a felony and misdemeanor trial attorney, she has superior knowledge of effective criminal defense techniques to achieve successful results for her clients. Contact Attorney Sisak today and let her support you through this trying time and fight on your behalf.  

Homicide

In New Hampshire, section 630 of the criminal code governs Homicides. Criminal homicide charges include capital murder, first degree murder, second degree murder, manslaughter, negligent homicide, and causing or aiding suicide.

Capital Murder

New Hampshire still has narrow circumstances in which the death penalty is a possible sentence; however, New Hampshire has not carried out a death sentence since 1939 and currently does not have a death chamber facility. A guilty verdict of capital murder in New Hampshire carries the punishment of life in prison without the possibility of parole. New Hampshire specifies that a person is guilty of capital murder if the person knowingly causes the death of the following: 

  • A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
  • Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain.

Additionally, causing the death of another while engaged in other criminal offenses can carry the charge of capital murder. For example, if the homeowner dies during a burglary due to the accused burglar's actions, then capital murder charges are likely. Capital murder charges are also possible during other criminal offenses, including aggravated felonious sexual assault and certain drug offenses. Causing the death of another while already in prison can also result in a capital murder charge.   

New Hampshire will not charge a minor under 18 at the time of the offense with capital murder. In addition, new Hampshire does not currently recognize a fetus as "another" for capital murder consideration. 

First Degree Murder

First degree murder convictions do not carry the possibility of the death sentence in New Hampshire, but those found guilty of first degree murder will still be punished with life in prison without the possibility of parole.

A person is guilty of murder in the first degree when either knowingly or purposefully causing the death of another while committing other criminal offenses, including felonious sexual assault, robbery or burglary with a deadly weapon, or arson. New Hampshire also will likely seek first degree murder convictions for the targeted killing of political officials. 

Unlike capital murder charges, New Hampshire does recognize a fetus at twenty weeks or older as "another" for first degree murder consideration. First degree murder charges will not apply to an act committed by the pregnant woman or at the pregnant woman's request, so a woman or doctor involved in legally terminating a fetus is not considered first degree murder in New Hamsphire.

Second Degree Murder

Second degree murder is punishable by life in prison or for a term that the court determines. A person is guilty of murder in the second degree when knowingly causing the death of another or by causing the death of another by acting recklessly with extreme indifference to the value of human life. Recklessly causing the death of another is presumed when a deadly weapon causes the death during the act of committing a class A felony.  

Manslaughter

Manslaughter convictions carry up to 30 years in prison as punishment. A person is guilty of manslaughter when he causes the death of another recklessly or while under the influence of extreme mental or emotional disturbance caused by extreme provocation. 

Negligent Homicide

A negligent homicide charge is possible when a person is accused of causing the death of another negligently. Negligent homicide is a class B felony or a class A felony. A class A felony negligent homicide involves the death as a consequence of the accused being influenced by alcohol, a controlled drug, or both while operating a propelled vehicle or boat. 

Causing or Aiding Suicide

Even when not directly involved in killing another person, New Hampshire might charge a person accused of causing or aiding in the suicide of another person. A causing or aiding suicide conviction is possible when someone is guilty of purposely aiding or soliciting a person to commit suicide. A person found guilty of causing or aiding in the suicide or attempted suicide of another will be guilty of a class B felony. A misdemeanor charge is possible in other circumstances.


Because of the potential to be sentenced to lengthy prison terms, including life without the possibility of parole, it is critical to work with an experienced criminal defense attorney when faced with any homicide charges. Attorney Bonnie Sisak is an experienced felony and misdemeanor trial attorney and understands how to build a strong case. With over a thousand cases handled and 15 years as an attorney, she will work tirelessly on your behalf to manage your case effectively and professionally. While Attorney Sisak handles all criminal cases, she specializes in felonies in New Hampshire, including homicide cases.

Questions?

The legal community recognizes Attorney Sisak as one of the best criminal defense attorneys in New Hampshire. With over 15 years of experience and over a thousand cases as a felony and misdemeanor trial attorney, she has superior knowledge of effective criminal defense techniques to achieve successful results for her clients. Contact Attorney Sisak today and let her support you through this trying time and fight on your behalf.  

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