Charges and sentences
Felony and misdemeanor classes in New Hampshire
New Hampshire sorts crimes into felonies, misdemeanors and violations. Felonies are class A or class B, misdemeanors are class A or class B, and a violation is not a crime.1
Checked October 29, 2026 against New Hampshire's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In New Hampshire, a felony is murder, a crime the law labels a felony, or a crime outside the criminal code that can be punished by more than one year in prison. Misdemeanors and felonies are crimes; violations are not.1
- Felony theft starts at
- More than $1,000How theft is graded
- When a DWI is a felony
- A fourth or later DWI offense is a felony when the prior convictions counted fall within the 10 years before the new offense; the statute does not give the felony a class. First, second and third offenses are misdemeanors (a first offense is a class B misdemeanor; a second or third is a class A misdemeanor).2
Felony classes in New Hampshire
From most to least serious: Class A, Class B. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Class A felony | Up to 15 yearsA felony involving a firearm can carry up to 20 years. The judge sets a maximum, and the minimum can be up to half of it. Fines for individuals come from RSA 651:2, IV(a). | Up to $4,000 | N.H. Rev. Stat. Ann. § 651:2, II(a)4 |
| Class B felony | Up to 7 yearsThe judge sets a maximum, and the minimum can be up to half of it. | Up to $4,000 | N.H. Rev. Stat. Ann. § 651:2, II(b)4 |
Misdemeanor classes in New Hampshire
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year | Up to $2,000 | N.H. Rev. Stat. Ann. § 651:2, II(c)4 |
| Class B misdemeanor | None (no jail or probation)A class B misdemeanor can be punished only by a fine, discharge or other sanctions that do not include jail or probation. | Up to $1,200 | N.H. Rev. Stat. Ann. § 651:2, III4 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Violation | Fine only, up to $1,000 for an individualA violation is not a crime and does not carry the legal disadvantages of a criminal conviction. | N.H. Rev. Stat. Ann. § 651:2, IV(a); § 625:9, II(b)4 |
Good to know
Most felonies have their class set by the statute for the offense. A felony defined outside the criminal code with no class stated is class A if its maximum prison term is more than 7 years and class B if it is more than 1 year but not more than 7. Murder is a felony but has no class.1
A misdemeanor with no class stated is treated as class B unless it involves violence or a threat of violence, the state files notice that it wants class A penalties by arraignment, or it is filed directly in superior court.1
A class A misdemeanor sentence with no actual jail time, no suspended or deferred jail time and no fine above the class B limit is recorded as a class B misdemeanor.1
When theft is a felony in New Hampshire
In New Hampshire, theft of property or services worth more than $1,000 is a felony. It is a class B felony from over $1,000 to $1,500 and a class A felony above $1,500. At $1,000 or less it is a misdemeanor. Theft of a firearm is a class A felony at any value.3
N.H. Rev. Stat. Ann. § 637:11 · Felony theft amounts in every state
DWI in New Hampshire
RSA 265-A:2 is titled driving or operating under the influence of drugs or liquor. The chapter calls the more serious form aggravated driving while intoxicated (aggravated DWI), and DWI is the usual name for both.
- Repeat offenses
- A fourth or later DWI offense is a felony when the prior convictions counted fall within the 10 years before the new offense; the statute does not give the felony a class. First, second and third offenses are misdemeanors (a first offense is a class B misdemeanor; a second or third is a class A misdemeanor).
- Which past offenses count
- 10 years before the date of the second or later offense.
- Other felony versions
- Causing a death while under the influence is negligent homicide, a class A felony. Aggravated DWI that causes a crash with serious bodily injury to the driver or anyone else is a class B felony. Other aggravated DWI, such as speeding 30 mph over the limit, having a passenger under 16 or an alcohol concentration of 0.16 or more, is a class A misdemeanor.
N.H. Rev. Stat. Ann. §§ 265-A:2, 265-A:3, 265-A:18, 630:3, II2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in New Hampshire?
In New Hampshire, a felony is murder, a crime the law labels a felony, or a crime outside the criminal code that can be punished by more than one year in prison. Misdemeanors and felonies are crimes; violations are not.
What is a Class A felony in New Hampshire?
In New Hampshire, the prison range for a Class A felony is up to 15 years, and the fine is up to $4,000. A felony involving a firearm can carry up to 20 years. The judge sets a maximum, and the minimum can be up to half of it. Fines for individuals come from RSA 651:2, IV(a).
What is a Class B felony in New Hampshire?
In New Hampshire, the prison range for a Class B felony is up to 7 years, and the fine is up to $4,000. The judge sets a maximum, and the minimum can be up to half of it.
What is a Class A misdemeanor in New Hampshire?
In New Hampshire, the jail range for a Class A misdemeanor is up to 1 year, and the fine is up to $2,000.
What is a Class B misdemeanor in New Hampshire?
In New Hampshire, the jail range for a Class B misdemeanor is none (no jail or probation), and the fine is up to $1,200. A class B misdemeanor can be punished only by a fine, discharge or other sanctions that do not include jail or probation.
How much theft is a felony in New Hampshire?
In New Hampshire, theft of property or services worth more than $1,000 is a felony. It is a class B felony from over $1,000 to $1,500 and a class A felony above $1,500. At $1,000 or less it is a misdemeanor. Theft of a firearm is a class A felony at any value.
Is a DWI a felony in New Hampshire?
A fourth or later DWI offense is a felony when the prior convictions counted fall within the 10 years before the new offense; the statute does not give the felony a class. First, second and third offenses are misdemeanors (a first offense is a class B misdemeanor; a second or third is a class A misdemeanor). Causing a death while under the influence is negligent homicide, a class A felony. Aggravated DWI that causes a crash with serious bodily injury to the driver or anyone else is a class B felony. Other aggravated DWI, such as speeding 30 mph over the limit, having a passenger under 16 or an alcohol concentration of 0.16 or more, is a class A misdemeanor.
These are the general ranges in New Hampshire's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in New Hampshire" https://secondchanceindex.com/felony-classes/new-hampshire, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- N.H. Rev. Stat. Ann. § 625:9, III
- N.H. Rev. Stat. Ann. §§ 265-A:2, 265-A:3, 265-A:18, 630:3, II
- N.H. Rev. Stat. Ann. § 637:11
- RSA 651:2 Sentences and LimitationsNew Hampshire General Court
- RSA 265-A:2 Driving or Operating Under Influence of Drugs or LiquorNew Hampshire General Court
- RSA 265-A:3 Aggravated Driving While IntoxicatedNew Hampshire General Court
- RSA 630:3 Negligent HomicideNew Hampshire General Court