All through 2010 and 2011, Criminal Threatening was a big topic in New Hampshire, after Ward Bird decided to wave his gun at an accidental trespasser. In light of this case, some additional light has been shed on the Granite State’s confusing laws surrounding the use of deadly and non-deadly force.
A key element of NH’s criminal threatening law is not the mental state of the of the individual making the threat, but the emotional state of the individual being threatened. In essence, if the victim is scared enough, it is a case of criminal threatening, regardless of the situation.
An Update to New Hampshire’s Criminal Threatening Law
A change was made to the criminal threatening statute in 2010 that will now allow an individual to display a firearm in the case where “a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person by another”.
The full-text of NH’s Criminal Threatening law (RSA 631:4) is available.
Have you been charged with criminal threatening in NH? Don’t hesitate to contact us for a free consultation of your case.