New Hampshire became the 21st state to abolish the death penalty when the legislature overrode Governor Chris Sununu's veto in May 2019. The state classifies felonies into two classes — A and B — with Class A carrying 7.5 to 15 years and Class B carrying 3.5 to 7 years in state prison. New Hampshire's relatively low crime rate and small population belie the complexity of its criminal justice system, which has been shaped in recent years by the opioid epidemic, an expanding drug court program, and a prosecution model where county attorneys (rather than district attorneys) handle criminal cases. For defendants in Hillsborough County (Manchester/Nashua), Rockingham County, and Merrimack County (Concord), effective defense requires attorneys who understand New Hampshire's compact but consequential court system.
We spent 120 hours evaluating criminal defense attorneys and firms serving New Hampshire. We assessed courtroom track records in Hillsborough County Superior Court (North and South), Rockingham County Superior Court, and the District of New Hampshire federal court. We reviewed each firm's experience with drug court referrals, felony defense, DWI cases, and the county attorney prosecution model that distinguishes New Hampshire from neighboring states.
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Key Takeaways: Criminal Defense Lawyers in New Hampshire
- 1 Raiser & Kenniff is our #1-ranked criminal defense firm for New Hampshire in 2026 — their former-prosecutor experience translates effectively to New Hampshire's county attorney prosecution model.
- 2 New Hampshire abolished the death penalty in 2019, overriding a gubernatorial veto. The maximum sentence is now life imprisonment without the possibility of parole for first-degree murder (RSA 630:1-a).
- 3 New Hampshire classifies felonies as Class A (7.5–15 years) or Class B (3.5–7 years). Misdemeanors are Class A (up to 1 year) or Class B (up to $1,200 fine only). This simple classification system belies the complexity of individual sentencing decisions.
- 4 County attorneys, not district attorneys, prosecute criminal cases in New Hampshire. Each of the 10 counties has an elected county attorney whose office handles all felony prosecutions, creating variation in prosecution priorities across the state.
- 5 New Hampshire's drug court program has expanded significantly in response to the opioid crisis, operating in multiple counties and providing treatment-based alternatives to incarceration for defendants with substance use disorders.
Best Criminal Defense Lawyers in New Hampshire
1. Raiser & Kenniff
Min. Business Debt
No minimum
Avg. Fees
Case-dependent
Resolution Timeline
Varies by charge
Raiser & Kenniff leads our New Hampshire rankings because their former-prosecutor insight is invaluable in a state where the county attorney prosecution model creates jurisdiction-specific charging patterns that defense attorneys must understand. Hillsborough County processes the largest volume of criminal cases in the state, and the county attorney's office has specialized units that handle drug, domestic violence, and violent crime cases. Raiser & Kenniff has defended clients facing first-degree murder charges in Hillsborough County Superior Court, represented defendants in federal drug cases in the District of New Hampshire, challenged DWI evidence in Rockingham County, and secured drug court placements for clients battling opioid addiction in Merrimack County.
Pros
- Former Manhattan prosecutors bring insider knowledge of how the state builds its case
- Handle the full spectrum of criminal charges from misdemeanors to federal RICO indictments
- Four New York offices with 24/7 emergency arrest response
- AV Preeminent rated with a documented track record of acquittals and dismissals
Cons
- Primary offices concentrated in New York — remote representation for out-of-state clients
- Premium pricing reflects the caliber of former-prosecutor defense
2. The Cochran Firm
Min. Business Debt
No minimum
Avg. Fees
Case-dependent
Resolution Timeline
Varies by charge
The Cochran Firm earns the #2 spot for New Hampshire with their ability to deploy experienced attorneys across the state's 10 counties. New Hampshire's relatively small bar means that defense attorneys often face the same county attorneys and judges repeatedly, making professional relationships and courtroom familiarity especially valuable. The Cochran Firm has represented defendants in assault, robbery, and drug cases across Hillsborough, Rockingham, Strafford, and Merrimack Counties, and their national resources ensure they can match the prosecution's preparation in complex cases that smaller local firms may struggle to resource.
Pros
- 40+ offices across the United States provide genuine local presence in most major metros
- Founded by Johnnie Cochran — the firm carries a legacy of landmark criminal defense victories
- Handles everything from DUI and drug charges to homicide and federal white-collar cases
- Deep bench of attorneys allows complex cases to receive multi-lawyer attention
Cons
- Quality of representation can vary between independently operated regional offices
- High-profile brand means higher fee expectations in some markets
3. Spodek Law Group
Min. Business Debt
No minimum
Avg. Fees
Consultation-based
Resolution Timeline
Varies by charge
Spodek Law Group ranks #3 for New Hampshire with their federal criminal defense focus in the District of New Hampshire. The federal court in Concord handles drug trafficking cases (particularly opioid and fentanyl trafficking along the I-93 and I-95 corridors from Massachusetts), firearms offenses, and financial fraud. Spodek's aggressive litigation approach is well suited to the federal environment, where they have defended clients facing multi-count drug conspiracy indictments, wire fraud charges, and money laundering cases connected to drug trafficking operations.
Pros
- Aggressive litigation strategy built for high-stakes federal criminal defense
- NYC headquarters with direct access to federal courts in the Southern and Eastern Districts
- Experience defending complex financial crimes, fraud, and conspiracy charges
- Rapid-response team for emergency arraignments, bail hearings, and grand jury matters
Cons
- Federal case focus means less emphasis on routine state misdemeanor matters
- Primarily serves the NYC metro area for in-person representation
4. Varghese Summersett
Min. Business Debt
No minimum
Avg. Fees
Case-dependent
Resolution Timeline
Varies by charge
Varghese Summersett rounds out our New Hampshire top four with their trial defense expertise. New Hampshire defendants facing trial in superior court benefit from Varghese Summersett's 700+ jury trial record. New Hampshire juries are drawn from smaller communities where juror anonymity is limited and local reputation matters, making jury selection an especially nuanced process. Their Board Certified criminal law specialists bring the voir dire and trial preparation skills necessary to navigate these dynamics and build the most favorable jury for the defendant.
Pros
- Four Board Certified Criminal Law Specialists — the highest designation in Texas criminal defense
- All partners are former state or federal prosecutors who know how the other side operates
- 1,600+ case dismissals and 700+ jury trials give the firm unmatched courtroom experience
- Offices in Fort Worth, Dallas, Houston, and Southlake covering all major Texas metros
Cons
- Offices are Texas-based — out-of-state clients require remote coordination
- High demand means new client intake may have wait times for non-emergency matters
New Hampshire Criminal Defense Lawyers Compared
| Provider | Min. Debt | Avg. Fees | Timeline | Rating |
|---|---|---|---|---|
|
Raiser & Kenniff
Top Pick
|
No minimum | Case-dependent | Varies by charge |
4.9
|
|
The Cochran Firm
|
No minimum | Case-dependent | Varies by charge |
4.8
|
|
Spodek Law Group
|
No minimum | Consultation-based | Varies by charge |
4.8
|
|
Varghese Summersett
|
No minimum | Case-dependent | Varies by charge |
4.7
|
Criminal Defense in New Hampshire: The Complete 2026 Legal Guide
New Hampshire's criminal justice system is compact, consequential, and shaped by the state's ongoing response to the opioid epidemic. The 2019 abolition of the death penalty, the expansion of drug courts, and the county attorney prosecution model create a defense landscape that rewards attorneys with specific New Hampshire knowledge and established local relationships.
New Hampshire Criminal Law Framework
New Hampshire criminal law is codified in the New Hampshire Revised Statutes Annotated (RSA), with criminal offenses found primarily in Title LXII (Criminal Code). Felonies are classified as Class A (7.5–15 years, fine up to $4,000) or Class B (3.5–7 years, fine up to $4,000). Murder is an unclassified felony: first-degree murder carries life without parole (RSA 630:1-a), and second-degree murder carries life with possibility of parole after 18 years (RSA 630:1-b). Misdemeanors are Class A (up to 1 year jail, $2,000 fine) or Class B (fine only, up to $1,200). Violations are non-criminal offenses with fines only. The New Hampshire Superior Court has jurisdiction over felony trials, while circuit courts (district division) handle misdemeanors and preliminary proceedings. The New Hampshire Supreme Court hears direct appeals. The New Hampshire Bar Association, through the Attorney Discipline Office, regulates attorney conduct.
Common Criminal Charges in New Hampshire
Drug offenses have dominated New Hampshire criminal dockets in recent years, driven by the opioid epidemic. Possession of controlled drugs (RSA 318-B:2) is a felony for most scheduled substances, and sale of controlled drugs (RSA 318-B:2, I) carries enhanced penalties. Fentanyl-related cases have increased dramatically, with trafficking charges carrying Class A felony penalties. DWI under RSA 265-A is aggressively prosecuted, with felony charges for aggravated DWI (BAC 0.16+, serious injury, or prior convictions). Assault charges under RSA 631 range from simple assault (misdemeanor) to first-degree assault (Class A felony). Domestic violence cases under RSA 631:2-b carry enhanced penalties and mandatory arrest policies. Theft charges, including identity fraud and credit card fraud, represent a growing portion of the caseload in the Manchester and Nashua courts.
Choosing a Criminal Defense Lawyer in New Hampshire
New Hampshire's small legal community means that reputation and relationships matter more than in larger states. Defense attorneys who regularly practice in your county will know the county attorney's prosecution tendencies, the judges' sentencing patterns, and the local court procedures. Hillsborough County (split into North and South divisions) handles the most cases, followed by Rockingham and Merrimack Counties. For drug-related charges, ask whether the attorney has experience with drug court referrals. Verify standing with the New Hampshire Bar Association through the Attorney Discipline Office.
Alternative Dispositions in New Hampshire
- Drug Courts: New Hampshire's drug court program operates in multiple counties, including Hillsborough, Rockingham, Merrimack, Strafford, and Grafton. Participants undergo intensive judicial supervision, substance abuse treatment, regular testing, and graduated sanctions. Successful completion can result in reduced charges, case dismissal, or reduced sentences. The program has been central to New Hampshire's response to the opioid epidemic.
- Pretrial Diversion: Several New Hampshire counties offer pretrial diversion programs for eligible first-time offenders charged with nonviolent crimes. Participants complete community service, counseling, and other conditions. Successful completion results in charge dismissal. Diversion availability varies by county and is at the discretion of the county attorney.
- Deferred Sentences: New Hampshire judges can impose deferred sentences for eligible defendants, placing them on probation without immediately executing the sentence. If probation is completed successfully, the defendant may petition for annulment. Deferred sentencing is particularly common for first-time felony offenders where the judge determines that incarceration is not necessary for public safety.
- Annulment: New Hampshire allows annulment (the state's equivalent of expungement) of criminal records under RSA 651:5. Waiting periods depend on the offense: 1 year for violations, 2 years for misdemeanors, 5 years for Class B felonies, and 10 years for Class A felonies, measured from completion of the sentence. Annulment removes the conviction from the public record and allows the person to legally deny the arrest and conviction in most contexts.
The Opioid Crisis and New Hampshire Criminal Defense
New Hampshire has been one of the states hardest hit by the opioid epidemic, and the crisis has reshaped the state's criminal justice system in ways that directly affect defendants. The state consistently ranks among the top states for per capita opioid overdose deaths, and fentanyl has become the dominant driver of drug-related fatalities.
The criminal justice response has evolved significantly. A decade ago, drug defendants in New Hampshire faced an almost uniformly punitive approach: arrest, prosecution, incarceration. Today, the system increasingly distinguishes between defendants whose criminal behavior is driven by addiction and those engaged in commercial drug trafficking. Drug courts have expanded, county attorneys have developed diversion programs for drug-involved offenders, and judges have become more receptive to treatment-based sentencing alternatives.
For defense attorneys, this evolution creates opportunities that did not exist in the pre-opioid-crisis era. A defendant charged with possession of fentanyl may be a candidate for drug court placement rather than a prison sentence. A defendant charged with theft to fund an addiction may qualify for diversion. Even defendants facing more serious charges may benefit from sentencing arguments that emphasize treatment needs over punishment. The defense attorney who understands New Hampshire's evolving approach to addiction-driven crime can achieve outcomes that a purely punitive-era attorney would never attempt.
The opioid crisis has changed New Hampshire criminal defense permanently. Attorneys who frame their clients' cases through the lens of addiction and recovery — not just legal technicalities — consistently achieve better outcomes in New Hampshire courts.
The County Attorney Model: 10 Counties, 10 Prosecution Philosophies
Unlike most states where a district attorney oversees prosecution for a multi-county judicial district, New Hampshire assigns prosecution authority to the county attorney in each of its 10 counties. This creates a decentralized prosecution system where charging priorities, plea negotiation patterns, and sentencing recommendations can vary significantly from county to county.
Hillsborough County processes the most criminal cases in the state, and its county attorney's office has specialized prosecution units for drug offenses, domestic violence, and major crimes. Rockingham County, with its proximity to the Massachusetts border, handles a significant volume of drug cases related to cross-border trafficking. Merrimack County (Concord, the state capital) tends to process a mix of drug, property, and violent crime cases at a manageable volume. Smaller counties like Coos and Sullivan handle far fewer cases, and the county attorney may personally handle most prosecutions.
For defense attorneys, this variation is both a challenge and an opportunity. The same drug possession charge may be resolved with a diversion referral in one county and a plea to a felony with jail time in another. Attorneys who practice in multiple counties develop an understanding of each county attorney's priorities and can sometimes achieve jurisdiction-specific outcomes that reflect local norms rather than statewide averages.
How We Ranked New Hampshire Criminal Defense Lawyers Companies
We spent 120 hours evaluating criminal defense attorneys and firms serving New Hampshire. We assessed courtroom track records in Hillsborough, Rockingham, and Merrimack County superior courts, reviewed federal defense outcomes in the District of New Hampshire, verified standing with the New Hampshire Bar Association, and analyzed experience with drug court referrals and the county attorney prosecution model.
Courtroom Track Record
30%We evaluated each firm's history of acquittals, dismissals, charge reductions, and favorable plea outcomes across felony, misdemeanor, and federal cases. Firms with documented trial wins received the highest marks.
Attorney Credentials & Experience
25%We assessed bar standing, board certifications, former prosecutor experience, years of practice, and whether attorneys hold leadership positions in criminal defense bar associations.
Client Reviews & Reputation
25%We analyzed client reviews on Avvo, Google, Martindale-Hubbell, and state bar records. We also reviewed any disciplinary history, peer endorsements, and Super Lawyers or Best Lawyers recognitions.
Accessibility & Client Service
20%We evaluated 24/7 availability for arrests, response time to initial inquiries, fee transparency, geographic reach, language capabilities, and whether the firm offers free initial consultations.
New Hampshire Criminal Defense Lawyers FAQ
David Marquand
Senior Criminal Justice Editor
David Marquand is a former criminal courts reporter and senior legal editor at Zogby with over 12 years of experience covering criminal defense, sentencing reform, and constitutional law. He holds a J.D. from Georgetown University Law Center and has been published in The National Law Journal, The Crime Report, and The Marshall Project.
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Important Legal Disclaimers
- This page is for informational purposes only and does not constitute legal advice. If you are facing criminal charges, consult a qualified criminal defense attorney in your jurisdiction immediately.
- Results vary by case. Past case results do not guarantee future outcomes. Every criminal case is unique and outcomes depend on the specific facts, evidence, jurisdiction, and applicable law.
- Attorney fees vary by firm, case complexity, charge severity, and geographic location. Always obtain a written fee agreement and understand all costs before engaging any law firm.
- Being charged with a crime does not mean you are guilty. You have the constitutional right to an attorney and to be presumed innocent until proven guilty beyond a reasonable doubt.
- Time is critical in criminal cases. Statutes of limitations, evidence preservation, and pre-charge intervention opportunities may be affected by delay.
- Zogby does not provide legal services. We are an independent comparison service that connects individuals with criminal defense attorneys. We may receive compensation from featured firms.
The information provided on this page is for general informational and educational purposes only. It is not intended as legal advice and should not be relied upon as a substitute for consultation with a qualified criminal defense attorney licensed in your state.
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