Joshua's Law (RSA 631:2-b)

Domestic violence is a class A misdemeanor unless the person uses or threatens to use a deadly weapon as defined in RSA 625:11, V, in the commission of an offense, in which case it is a class B felony.

See RSA 625:9, Classification of Crimes.

'The defendant was charged with two counts of misdemeanor domestic violence, see RSA 631:2-b (Supp. 2018), one count of felony reckless conduct, see RSA 631:3 (Supp. 2018), and one count of felony criminal threatening, see RSA 631:4 (2016). At his arraignment on those charges, he pleaded not guilty. Based upon an affidavit that has not been provided as part of the appellate record and representations by the State, the court found, by clear and convincing evidence, that preventive detention was warranted and ordered the defendant to be detained without bail. See RSA 597:2, IV(a). The court also issued a domestic violence criminal order of protection.'

“The legislature used different language for felony domestic violence-criminal threatening with a deadly weapon than it used for felony criminal threatening with a deadly weapon. A person is guilty of felony domestic violence-criminal threatening with a deadly weapon if he or she “[t]hreatens to use a deadly weapon against” a family or household member or intimate partner “for the purpose to terrorize that person.” RSA 631:2-b, I(e); see RSA 631:2-b, II (providing that “[d]omestic violence is a class A misdemeanor unless the person uses or threatens to use a deadly weapon ... in the commission of an offense, in which case it is a class B felony”). … According to the plain language of the pertinent statutes, felony domestic **393 violence-criminal threatening with a deadly weapon requires only a threat to use a deadly weapon, whereas felony criminal threatening with a deadly weapon requires actual use of a deadly weapon.”

'The trial court found that the defendant committed the criminal act of assault or reckless conduct as defined by RSA 631:1 through RSA 631:3, see RSA 173–B:1, I(a), which includes RSA 631:2–b (Supp.2014), the crime of domestic violence. Pursuant to RSA 631:2–b, a person commits domestic violence if he “[p]urposely or knowingly causes ... unprivileged physical contact” against a family member “by use of physical force.” See RSA 631:2–b, I(a).'

See §921 and § 922

'Based on the evidence presented, the district court concluded that the government had proven by a preponderance of the evidence that Deida had committed the misdemeanor offense of simple domestic assault during the January 12th altercation. See N.H. Rev. Stat. Ann. § 631:2-b(I)(a). The court then revoked Deida's supervised release and sentenced him to fourteen months' imprisonment, to be followed by a term of twenty-two months of supervised release.'