Defending Against Felony vs. Misdemeanor Conduct After an Accident in New Hampshire
In New Hampshire, leaving the scene of an accident with only property damage is generally a Class A misdemeanor under state law, carrying up to $2,000 in fines. However, if the crash involves bodily injury or death, the charge escalates to a Class B felony, punishable by up to 7 years in prison.
Understanding Conduct After an Accident Charges
In New Hampshire, the law requires any driver involved in a motor vehicle collision to stop, provide their information, and report the crash if injuries or significant property damage occur. Fleeing the scene is legally referred to as "Conduct After an Accident." Whether you are facing a misdemeanor or a felony depends entirely on the severity of the crash. The state aggressively prosecutes these cases, making it vital to understand your rights and the legal landscape of the Granite State.
Step-by-Step Process in New Hampshire
Whether your incident occurred in Manchester, Concord, or Nashua, the process generally follows a similar path once the police suspect you of leaving the scene. Taking immediate and correct action can significantly impact the outcome of your case.
Step 1: Responding to Law Enforcement Inquiries
Often, police officers will attempt to contact the registered owner of a vehicle suspected in a hit-and-run. If you receive a call from the New Hampshire State Police, Concord or a local department, remember that you have the right to remain silent. Any statement you make can be used to establish who was driving. It is generally advisable to politely decline answering questions until you have consulted with a local attorney from our directory.
Step 2: Addressing Minor Property Damage (Misdemeanor)
If you hit a fence, a mailbox, or another vehicle and no one was hurt, the state typically charges this as a Class A misdemeanor under N.H. Rev. Stat. Ann. § 264:25. Prosecutors will focus on proving you knew or should have known you caused damage. Defenses often revolve around proving lack of knowledge (e.g., in a large truck where a minor scrape goes unnoticed) or disputing the identity of the driver.
Step 3: Handling Catastrophic Bodily Injury or Fatalities (Felony)
When an accident results in bodily injury or death, the stakes rise dramatically. Under New Hampshire law, leaving the scene becomes a Class B felony. Prosecutors at the Merrimack County Superior Court, Concord or the Hillsborough County Superior Court Northern District, Manchester will aggressively pursue jail time. In these situations, the state must prove you were aware of the collision. Legal strategies often involve challenging eyewitness identification, reviewing forensic evidence, or negotiating plea deals based on mitigating circumstances.
Step 4: Filing Required Administrative Reports
Even if you are facing criminal charges, New Hampshire law requires you to file a crash report if the combined damage exceeds $1,000. You or your lawyer must submit Form DSMV 400, New Hampshire, Division of Motor Vehicles, Operator's Report of Motor Vehicle Accident to the New Hampshire Division of Motor Vehicles, Concord within 15 days of the crash. Failing to do so can result in an automatic suspension of your driving privileges.
How Much Does it Cost in New Hampshire?
The financial impact of a hit-and-run charge goes far beyond the courtroom. Here is a breakdown of potential costs:
- Criminal Fines: A Class A misdemeanor carries a fine of up to $2,000, while a felony conviction can result in fines up to $4,000.
- Lawyer Fees: Depending on the complexity, defending a misdemeanor might cost between $2,500 and $5,000. Felony representation often ranges from $5,000 to $15,000 or more.
- Restitution: Courts will likely order you to pay out-of-pocket for the victim's medical bills and property repair costs if you are found guilty.
- Insurance Increases: A conviction for leaving the scene will cause your auto insurance premiums to skyrocket, often requiring you to carry costly SR-22 insurance.
Comparing the Penalties: Misdemeanor vs. Felony
| Factor | Misdemeanor (Property Damage) | Felony (Injury / Death) |
|---|---|---|
| Prison Time | Up to 1 year in county jail | Up to 7 years in state prison |
| Fines | Up to $2,000 | Up to $4,000 |
| License Loss | Possible suspension | Mandatory prolonged revocation |
How Long Does the Process Take?
The timeline for resolving a Conduct After an Accident case varies. Misdemeanor cases handled in local courts, such as the New Hampshire Circuit Court, 9th Circuit - District Division, Nashua, typically resolve within 3 to 6 months. Felony cases, however, require a grand jury indictment and proceed to Superior Court. These complex cases can easily take 9 to 18 months to reach a trial or settlement. During this time, you may be subject to bail conditions, including travel restrictions and regular check-ins with the court.
Frequently Asked Questions (FAQ)
What is the exact statute for hit and run in NH?
The primary statute governing this behavior is N.H. Rev. Stat. Ann. § 264:25, formally titled Conduct After Accident.
Can I lose my license for a misdemeanor hit and run?
Yes. The New Hampshire Division of Motor Vehicles has the authority to suspend or revoke your driving privileges if you are convicted of leaving the scene, even if it is only a misdemeanor.
Do I have to speak to the police if they show up at my house?
No. The Fifth Amendment protects you from self-incrimination. You can politely decline to answer questions and state that you wish to have an attorney present.
Is it possible to reduce a felony charge to a misdemeanor?
Depending on the circumstances, such as weak evidence regarding your knowledge of the injuries or cooperative negotiation with prosecutors, it is possible for charges to be reduced. Precedents like State v. Pinault, 168 N.H. 28 (NH Supreme Court 2015) show how specific evidentiary requirements must be met by the state.
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