New Hampshire Self-Defense

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Understanding New Hampshire's self-defense laws is vital for residents and visitors alike. These laws outline the circumstances under which individuals can legally protect themselves, others, and their property from imminent threats. This comprehensive guide aims to explain the key aspects of New Hampshire's self-defense statutes, including the principles of justifiable use of force, the state's stance on the Castle Doctrine and Stand Your Ground laws, and the appropriate use of force in various scenarios.​

The Foundation of Self-Defense in New Hampshire

At its core, self-defense is the legal right to protect oneself from harm. In New Hampshire, this right is codified in the Revised Statutes Annotated (RSA), specifically in Chapter 627, which addresses justification for the use of force. These statutes outline the circumstances under which individuals may use physical force to defend themselves or others.​ CoCounsel

Use of Non-Deadly Force in Defense of Persons

Under RSA 627:4, individuals are justified in using non-deadly force upon another person when they reasonably believe such force is necessary to defend themselves or a third person from what they reasonably perceive as the imminent use of unlawful, non-deadly force by another. However, there are important limitations to consider: Justia Law

  • Provocation: If an individual, with the intent to cause physical harm, provokes the use of unlawful, non-deadly force by another, they are not justified in using force in response. ​Hanover NH

  • Initial Aggressor: A person who initiates or provokes the use of force against themselves is generally not justified in using force in defense unless they have withdrawn from the encounter and effectively communicated this withdrawal, but the other person continues the use or threat of unlawful, non-deadly force.​ Hanover NH

  • Combat by Agreement: Force is not justifiable if it results from a combat by agreement not authorized by law.​ Hanover NH

Use of Deadly Force in Defense of Persons

RSA 627:4 also addresses the use of deadly force. An individual is justified in using deadly force upon another person when they reasonably believe that such other person:​ Hanover NH

  • Is about to use unlawful, deadly force against the individual or a third person.​ Wikipedia

  • Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary.​ Wikipedia

  • Is committing or about to commit kidnapping or a forcible sex offense. ​Hanover NH

  • Is likely to use any unlawful force in the commission of a felony against the individual within their dwelling or its curtilage.​ Justia Law

However, the use of deadly force is not justified if the individual knows that they and the third person can, with complete safety, retreat from the encounter, except that they are not required to retreat if they are within their dwelling, its curtilage, or anywhere they have a right to be, and were not the initial aggressor.​ Justia Law

The Castle Doctrine: Defending Your Home

The Castle Doctrine is a legal principle that allows individuals to use reasonable force, including deadly force, to protect themselves against an intruder in their home. In New Hampshire, individuals have no duty to retreat from their dwelling or its curtilage and may use force if they reasonably believe such force is necessary to prevent an unlawful entry or attack. This principle reinforces the right of individuals to feel secure in their own homes and to defend themselves against intruders.​

Stand Your Ground Law

New Hampshire has a Stand Your Ground law, which removes the duty to retreat before using deadly force in any place where a person has a right to be. This means that if someone is threatened in a location where they are lawfully present, they may stand their ground and use force, including deadly force, if they reasonably believe it is necessary to protect themselves or others from imminent harm. This law emphasizes the right of individuals to defend themselves without the obligation to retreat, provided they are not the initial aggressor.​ GIFFORDS

Use of Force in Defense of Premises and Property

New Hampshire law also addresses the use of force in defense of premises and property under RSA 627:7 and RSA 627:8. Individuals in possession or control of premises are justified in using non-deadly force to prevent or terminate criminal trespass. However, deadly force is only justified in defense of a person or to prevent an attempt by the trespasser to commit arson. Additionally, individuals may use force to prevent the unlawful taking of their property or to retake their property immediately following its taking, but deadly force is only justified in defense of a person.​Hanover NH

Proportionality of Force

A fundamental aspect of New Hampshire's self-defense laws is the requirement that the force used must be proportional to the threat faced. This means that the level of force employed in self-defense should not exceed what is necessary to prevent the harm. For example, using deadly force in response to a non-lethal threat would likely be deemed disproportionate and unjustifiable.​

Use of Self-Defense Weapons

New Hampshire law defines and regulates the use of self-defense weapons. An "electronic defense weapon" refers to an electronically activated non-lethal device designed to immobilize or incapacitate a person temporarily. An "aerosol self-defense spray weapon" is any aerosol device designed for the same purpose. It's important to note that using such weapons on a law enforcement officer or another person with the intent to commit a crime is a criminal offense, with penalties varying based on the severity of the intended crime.​ CoCounsel

Legal Consequences and Considerations

Invoking self-defense in New Hampshire does not automatically exempt an individual from legal scrutiny. Law enforcement and the courts will examine the circumstances surrounding the use of force to determine its justification. Factors considered include:​

  • Initiation of Conflict: Whether the individual claiming self-defense was the initial aggressor.​

  • Opportunity to Retreat: If the individual had the ability to safely retreat from the situation.​

  • Proportionality: Whether the force used was reasonable given the threat faced.​

If a self-defense claim is disputed, the burden is on the defendant to establish that their actions were justified under New Hampshire law. While the state recognizes the right to self-defense, any use of force will be subject to legal review, and individuals should be prepared to justify their actions in court if necessary.

The Role of Law Enforcement and the Legal System

When self-defense is claimed in a legal case, law enforcement officers, prosecutors, and the courts evaluate the facts to determine if the use of force was legally justified. This can involve:

  • Police Investigations: Officers will collect evidence, interview witnesses, and assess whether the individual acted within the scope of the law.

  • Prosecutorial Review: The prosecutor may decide whether to press charges based on the evidence and applicable legal statutes.

  • Court Proceedings: If charges are filed, a judge or jury will ultimately determine if self-defense was justified.

New Hampshire follows the principle that the prosecution must prove beyond a reasonable doubt that self-defense was not justified if the defendant raises the claim in court.

Civil Liability Concerns

Even if an individual is not criminally charged or is acquitted based on self-defense, they may still face civil lawsuits from the person they used force against or their surviving family members. Unlike criminal cases, civil cases have a lower burden of proof, meaning the defendant may be held financially liable even if they were legally justified in their actions.

Final Thoughts

New Hampshire has some of the strongest self-defense protections in the country, thanks to its Stand Your Ground law and Castle Doctrine. Residents have the right to defend themselves, others, and their property from imminent harm, without a duty to retreat in places they are lawfully present. However, self-defense claims must be rooted in reasonable belief and proportionality—using force beyond what is necessary can lead to criminal charges or civil liability.

Understanding these laws is critical for anyone who carries a firearm, owns a home, or simply wants to ensure they can legally protect themselves and their loved ones. If you ever find yourself in a self-defense situation, consulting a knowledgeable attorney is strongly advised to navigate the legal complexities that may follow.

Chris ‘Mac’ MacAuley

Princeps Consulting Group

References:

For further reading, here are direct links to relevant New Hampshire self-defense laws:

Knowing your rights is the first step in protecting yourself legally and physically. Stay safe, stay informed, and always be prepared.