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State of New Hampshire v. Kyle Babb
Date: 02-01-2026
Case Number: 2024-0368
Judge: N. WilliamDelker
Court: Superior Court, Hillsborough County, New Hamsphire
Plaintiff's Attorney: Hillsborough County, New Hampshire County Attorney's Office
Defendant's Attorney:
Click Here For The Best Hillsborough Criminal Defense Lawyer Directory
Description:
Hillsborough, New Hampshire, criminal defense lawyer represented the Defendant charged with two counts of simple assault.
The defendant was charged with two counts of second degree assault for kicking the victim in the face and stomping on his head while he was lying on the ground. At trial, the jury was instructed on the lesser-included offense of simple assault. The defendant requested an additional instruction on the defense of mutual consent, asserting that "by swinging his cane at [the defendant]," the victim "enter[ed] into a fight," and thus the charged conduct occurred in a fight entered into by mutual consent. See RSA 631:2-a, II. The trial court denied the motion.
The defendant was charged with two counts of second degree assault for kicking the victim in the face and stomping on his head while he was lying on the ground. At trial, the jury was instructed on the lesser-included offense of simple assault. The defendant requested an additional instruction on the defense of mutual consent, asserting that "by swinging his cane at [the defendant]," the victim "enter[ed] into a fight," and thus the charged conduct occurred in a fight entered into by mutual consent. See RSA 631:2-a, II. The trial court denied the motion.
Outcome:
The defendant was found guilty on two counts of simple assault.
Affirmed
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of New Hampshire v. Kyle Babb?
The outcome was: The defendant was found guilty on two counts of simple assault. Affirmed
Which court heard State of New Hampshire v. Kyle Babb?
This case was heard in Superior Court, Hillsborough County, New Hamsphire, NH. The presiding judge was N. WilliamDelker.
Who were the attorneys in State of New Hampshire v. Kyle Babb?
Plaintiff's attorney: Hillsborough County, New Hampshire County Attorney's Office. Defendant's attorney: Click Here For The Best Hillsborough Criminal Defense Lawyer Directory.
When was State of New Hampshire v. Kyle Babb decided?
This case was decided on February 1, 2026.