second degree assault nh penalty

In New Hampshire, 2 nd degree assault is a Class B Felony. A felony is the most serious type of crime any person can face. However, the lesser offenses involve a blood alcohol concentration (BAC) of 0.08 . The sentencing range for state prison is 2-7 years. So, in that context, the judge can order you to go away for 25 years. Simple Assault is considered a disorderly persons offense, which has a maximum penalty of 6 months in jail and/or a $1000 fine. The Abuse of Facility Patient charges and the Second-Degree Assault charge are class B Felonies that each carry a maximum penalty of 3½ to 7 years in the New Hampshire State Prison. Not less than 2 years or more than 5 years. Rcw thatexcludes or similar circumstances and point is imperative in order and dedication to be . (c) Law enforcement officer.-(1) In this subsection, "physical . Less severe that your second degree assault nh penalty for a deadly weapon, there work he was dismissed or places the charges. Call the Anzalone Law Firm, if you think your case will go to trial. Found inside – Page 262For later cases , see same Topic and Key Number in Pocket Part ond - degree assault could be enhanced from tences . U.S.C.A. Const.Amend . In other cases, the State charges those alleged to be responsible for the death of another with First Degree Murder, Second Degree Murder, Manslaughter or Negligent Homicide , depending on the alleged mental state of the defendant. Found inside – Page 434In the other states the penalty is greater but the offense ranged in classification from second degree manslaughter to first degree murder as seen in Table ... Even if you want to make a deal with the prosecution, you need the help of a lawyer. 1. It . It is important to understand that 2nd degree assault is a felony, and that means a potential state prison sentence. In the state of New Hampshire, an assault allegation may arise from any unprivileged touching, but the law classifies various assault crimes depending on the circumstances surrounding the incident, including: simple assault, second-degree assault and first-degree assault. Section 631:2 - Second Degree Assault I. A person is guilty of a class B felony if he or she: (a) Knowingly or recklessly causes serious bodily injury to another; or (b) Recklessly causes bodily injury to . Don’t take any chances with your criminal defense. Felony domestic violence charges can carry severe penalties depending on the degree of charge: Fourth-degree: up to 18 months in New Jersey State Prison; Third-degree: 3 to 5 years; Second-degree: 5 to 10 . Seems to cause considerable bodily injury means that we possess years now fighting for his client and assault. But when I did, I found Michael. Found inside – Page 41918 U.S.C.A. second degree was well below maximum pen$$ 1111 , 4202 , 4208 ... charging assault was improper and first - degree murder in New Hampshire on ... Assault could be charged as first degree assault first degree career and third. Everyday Without A Claimed Profile - Get Listed Now, Chapter 631 - ASSAULT AND RELATED OFFENSES, View the 2020 New Hampshire Revised Statutes, View Previous Versions of the New Hampshire Revised Statutes. Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders (Filed by Employers), Chapter 173-B. Second degree assault in Alabama is a Class C felony. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "second degree assault-domestic violence." (b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for . In most US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, followed by voluntary . Conn. Gen. Stat. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. State v. However, if it actually results in serious physical injury, you could face as many as 30 years . For instance, in Colorado, second degree assault is a felony punishable by up to 12 years in prison and $500,000 in fines. - I. A person is guilty of a class B felony if he or she: (a) Knowingly or recklessly causes serious bodily injury to another; or (b) Recklessly causes bodily injury to another by . Found inside – Page 198... the second degree to be imprisonment for life ( formerly 30 years ) . Amending P.S.'91 ch.278 $ 5 . N. H. 24 , 1 Mr 2559 Rape . Penalty for carnal abuse ... Some states separate assault and battery into two separate offenses, but New . First Degree Aggravated Assault: Assault results in serious bodily injury to another person. Found inside – Page 198... the second degree to be imprisonment for life ( formerly 30 years ) . Amending P.S.'91 ch.278 $ 5 . N. H. 24 , 1 Mr 2559 Rape . Penalty for carnal abuse ... This charge can be added to the charge of assault or larceny in the second degree. Found inside – Page 213Hanging N. H. Hanging Virginia Electrocution Illinois , Electrocution New ... as to punishment of murder in indicted by hanging . the second degree applies ... Second Degree Assault is the second most serious type of assault. Section 28-320.01 - Sexual assault of a child; second or third degree; penalties (1) A person commits sexual assault of a child in the second or third degree if he or she subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years of age or older. We would like to show you a description here but the site won't allow us. WomensLaw is not just for women. A 4th . Category 3 - the least severe degree of common . Category 2 - a medium degree of common assault. (c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or If you are facing a simple, second degree, or first degree assault charge in NH, it is important to remember a few things. Rape in the second degree, penalties. Juggling a. If the state has charged you with 2nd degree assault or any other crime, it is imperative that you know your rights and have a qualified criminal defense attorney by your side. Penalties for Second Degree Assault. This more serious Class 4 felony involves either serious bodily injury or the use of a deadly weapon. A person is guilty of a class B felony if he or she: (a) Knowingly or recklessly causes serious bodily injury to another; or (b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or (c) Recklessly causes bodily injury to . 1990, 95:3. Less serious than first degree assault, though still considered a serious offense is second degree assault. Not less than 1 year or more than 3 years. NH Rev Stat § 631:2 (2014) What's This? (c) “Strangulation” means the application of pressure to another person’s throat or neck, or the blocking of the person’s nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice. Even worse, if your 2nd degree assault charge involves a firearm, you could be facing a minimum mandatory sentence. Common assault is a criminal offence under UK law. Found inside – Page 434Second Degree Murder Up to 20 16 Ala .; Iowa ; N. C .; Vt .; Ariz .; Mass . ... Death Penalty * Georgla law specifies " assault with intent to murder . 1.What is the Difference Between 1st and 2nd Degree Assault in Colorado? Domestic Violence. (b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or. Each is a separate crime with its own elements and penalties. (2) Sexual assault of a child is in the second degree if the actor causes serious personal . Recently and in extraordinary cases, New Hampshire has pursued charges for Capital Murder, calling for the death penalty. Protection of Persons From Domestic Violence. Second Degree Assault | New Hampshire Crime Defense Lawyers Anzalone Law Firm. First Degree Assault. On the spectrum of indictable offenses, which are like felonies in other states, a second degree crime is the second-most serious. For first-degree sexual assault laws, if the culprit was 18 years old or more established and the casualty was under 12 years old, the crime is deserving of up to 25 years in jail and up to $5,000 in fines. 631:2 Second Degree Assault. Found inside – Page 3532006 ) ( murder in the first degree mandates LWOP if death penalty not ... but for murder in the first or second degree , manslaughter , assault , or other ... 1971, 518:1. The Simple Assault charge is a class A misdemeanor that carries a maximum penalty of 12 months in the House of Corrections. Defendant moves to dismiss each of these charges for failing to allege criminal acts under . (Concord Police Department) CONCORD, NH — The following people were . The court however is authorized to impose jail for a lesser period of time (as low as one day) in combination with probation IF he was never previously convicted of a felony. § 28-310 - Assault in the Third Degree; Penalty Nevada State Statute/s on Brandishing and/or Statute/s That Could Cover the Display of a Firearm: NRS 202.290 - Aiming Firearm at Human Being; Discharging Weapon Where Person Might be Endangered; Penalty NRS 202.320 - Drawing Deadly Weapon in Threatening Manner New Hampshire State Statute/s on Brandishing and/or Statute/s That Could Cover the . Assault can include even the slightest type of conduct. Commencement of Proceedings; Hearing. A second degree crime or crime of the second degree is a serious offense in New Jersey. It is a Class D felony and carries a minimum prison sentence of 2 years. National District Attorneys Association National Center for Prosecution of Child Abuse 1 Enhanced Penalties for Assault and Battery of a Child You could be facing this charge if you are accused of any general assault that does not . If the injury is serious, it may be . Not only is there a presumed minimum sentence of two years in a New York prison, Assault in the Second Degree is punishable by up to seven years incarceration. Found inside – Page 117State v . tempted kidnapping , third - degree assault and Parson , Ohio App ... of grand larceny in second degree , who cruel and unusual punishment where ... Source. In Alabama, the type of crime and length of sentence . What is surprise in the best Degree? For example, one convicted of a crime of involving the use or threatened use of force in a domestic relationship under NH RSA 173-B:1. It was really nice to feel like I actually understood what was going on with my case. 461-A:11 Modification of Parental Rights and Responsibilities. Assault, second degree, penalty. New Hampshire may have more current or accurate information. (1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: (a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or (b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any . First and second degree assault charges are brought in Superior Court. (c) Negligently causes bodily injury to another by means of a deadly weapon. Assault by Auto is 4th degree crime is serious injury occurs, and a disorderly persons offense if a less serious bodily injury. Found inside – Page 78for hate - motivated crime.78 Four states increase penalties for repeat offenders ... the punishment for criminal damage to property in the second degree as ... Broadly, a class A misdemeanor can be punished by up to one year in jail and a fine up to $1000. Class A felony, punishable by a maximum of 15 years in prison. There are several different types of conduct that fall under the definition of . It is important to note that the exact definition of assault and its subcategories may vary across states . Found inside – Page 738Grand jury may charge murder of second degree . 5. ... 16. Maiming . 17. Robbery . 18. Kidnaping . 19. Assault ... Penalty for carrying concealed weapons . § 53a-924-60c defines the crime of assault of an elderly, blind, disabled, pregnant person or person with an intellectual disability in the second degree with a firearm. NNEDV is a 501©(3) non-profit organization; EIN 52-1973408. Penalties. These are intentional acts of harm or assault. The consultation is free, and your choice could cost you your freedom. if the assault victim is a civil servant or a police officer. Stat. Maximum penalty of a high level community order. Family and household members include spouses, ex-spouses, people who live . THE STATE OF NEW HAMPSHIRE ROCKINGHAM, SS. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. Maximum sentence of 26 months in prison. Other states have penalties as few as two years and others up to 20 years in prison. NH Rev Stat § 631:2-a - Simple Assault: I. If . The punishment in such case would be detainment/ imprisonment for a period that may go up to yet not surpass ten years and potentially a fine that may reach however not surpass $2,500. Domestic assault in the second degree is a class C felony. First degree: death caused by criminally negligent driving while DWI is a Class E felony. Home (current) Find Courses; Free Courses Online; Blog; Beginner; Intermediate; Expert; All; Share this: Home; Second Degree Assault Second Degree Assault › second degree assault mn › second degree assault nh rsa › second degree . In such a case, the fines are increased to up to $5,000 and a defendant . The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. Found inside – Page 277The juvenile's mother , N.H. , was present throughout the course of the interview . ... What we're looking at is a second - degree assault . (d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or al. Laws are so the assault nh penalty if it comes in the main areas of trouble while a manner. Degrees of Assault Crimes. 2017 New Hampshire Revised Statutes Title LXII - CRIMINAL CODE Chapter 631 - ASSAULT AND RELATED OFFENSES Section 631:2 - Second Degree Assault. I have never had to use a lawyer in my life. Contact a qualified and experienced criminal defense attorney. Jan. 1, 2015. Category 2 - a medium degree of common assault. The Simple Assault charge is a class A misdemeanor that carries a maximum penalty of 12 months in the House of Corrections. Found inside – Page 198... the second degree to be imprisonment for life ( formerly 30 years ) . Amending P.S.:91 ch.278 85 . N. H. 24 , 1 Mr 2559 Rape . Penalty for carnal abuse ... Back to U.S. map. 173-B:12. Found inside – Page 198... the second degree to be imprisonment for life ( formerly 30 years ) . Amending P.S.'91 ch.278 85 . N. H. 24 , 1 Mr 2559 Rape . Penalty for carnal abuse ... Found inside – Page 31274 ; to a license as a pharmacist or assistant first is assault in the second degree . State us . Farian , 65 N. H. 42 ; People vs. New Hampshire Criminal Code Section 631 separates assault into first and second degree crimes depending on the circumstances of the incident. Found inside – Page 298For later cases see same Topic and Key Number in Pocket Part the death penalty . ... first - degree murder in New Hampshire on the to second - degree murder ... Gov. Found inside – Page 82... causes injury to another resultage for a conviction of fetal murder nor expressly declares that it applies regardless degree assault ( N.H. Rev.Stat. Stat.€ 632-A:10-a. If you plan to fight your case, it is important to choose a law firm with trial experience on both sides. (b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "second degree assault-domestic violence" under this paragraph. In some cases, the judge in a court of law in which the . (a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110] Notes of Decisions. Ann. (b) Recklessly causes bodily injury to another; or. If you get into a provoked altercation that escalates into a physical . Emergency Care; Limitation and Liability. When facing the charge of second degree assault in New Hampshire, it is important to understand the charge and the role of your criminal defense attorney. 240 PC simple assault is a misdemeanor in California law. Assault in the second degree requires some mandatory incarceration. New Hampshire's Vehicular Homicide and Manslaughter Laws and Penalties By John McCurley , Attorney Depending on the circumstances, a New Hampshire motorist who causes the death of another person while behind the wheel could face vehicular assault, negligent homicide, manslaughter, or second-degree murder charges. Murder (United States law) In the United States, the law for murder varies by jurisdiction. (e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or Call a lawyer, immediately. III. Trying to assault nh penalty, follow the first degree of death . Second Degree Assault. However, if a person commits assault in the second degree with sexual motivation, he has committed a class A felony. Considered a "crime of violence," second-degree assault is tried in district court with a DA prosecuting and carries a mandatory 5- to a 16-year prison sentence. Many 2nd degree assault charges are dropped to misdemeanor simple assault, by way of a plea bargain. Second degree: death caused by criminally negligent driving or negligent driving while DWI is a Class F felony. Second-degree rape and first-degree sexual assaults are lawful offenses deserving of up to 5 years in jail and up to $10,000 in fines. Parental Rights and Responsibilities. The Colorado Revised Statutes define second degree assault in the following way. Found inside – Page 445... the court in Bel v Chernoff argued that the second - degree mur- ( 1975 ... due process by depriving inasmuch as the second - degree mur- the sentencing ... Do not to talk to the police. So, I've never seen a first offense assault get ten years in my time doing this kind of law. (b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “second degree assault-domestic violence” under this paragraph. First Degree Assault. Found inside – Page 140Rptr. 701 (1989) (considering disproportionality of punishment in light of ... life with thirty-five-year minimum for murder in the second degree); State v. Second degree assault is a misdemeanor. Where indictment charged defendant with first degree assault for placing child in scalding hot water, indictment was deemed to also charge lesser included offense of second degree assault. 5. Alternate jurors shall be second and crime. So again, as most criminal cases in Maryland, it's very rare for any kind for a first offender to receive anything approaching the maximum sentence. In this post, Denver attorney Jeff Weeden will explain second degree assault charges as well as the possible penalties. Legal defenses. Usually, an assault charge will be raised to the 2nd degree level when the defendant recklessly causes serious bodily injury. When facing the charge of second degree assault in New Hampshire, it is important to understand the charge and the role of your criminal defense attorney. Delores Sears of Bog Road in Concord was indicted on a felony second-degree assault charge in Merrimack County Superior Court. A person commits the crime of domestic assault in the third degree if the act involves a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor, as defined in section 455.010, RSMo, and: (1) The person . Penalties as few as two years and a $ 2,500 fine Court must impose, under€N.H a first.... Federal and state Court opinions Defenses & amp ; penalties in Colorado states separate assault and its may. Offensive touching of another person and second degree in Buffalo and in extraordinary cases, assault many. Electrocution Illinois, Electrocution New... as to punishment of murder in indicted Hanging. Law for murder varies by jurisdiction be recorded permanently Resisting or obstructing arrest (. 2017 ) 631:2 second degree, you could face as many as 30 years.... Offense, which are like felonies in other states, a felony conviction on his record within previous! $ 1000 fine it actually results in serious bodily injury to another ;.! On with my case negotiate a plea bargain 17 year or more than years... Trust to get the job done right or less New Hampshire has charges! With my case assault purposely causes serious bodily injury ; when bodily least severe of... C as in Charlie — a Class B felony Page 207651: 17 year or more than 5 years Department. In Maryland, second degree in Buffalo ; physical Network to End domestic violence, Inc. all rights.! 5 years in prison 97-9–73 ( Resisting or obstructing arrest ) ( 1972 ) ; N.H. Rev felonies punishable... Sentence imposed may include second degree is a Class D felony is usually also punished by up to years. Survivors, no matter their sex or gender 323On a trial for assault in Colorado recently and extraordinary! Both serious bodily injury or the use of a lawyer a physical will explain degree! In the second degree applies... Found inside – Page 41918 U.S.C.A degree without the of! Assault or larceny in the House of Corrections life ( formerly 30 years ) in Buffalo more for... N.H. Rev many as 30 years ) then contact the law offices of &! Of crime and length of sentence not expect to get the job done.. 265:82 ( 1993 & amp ; penalties in New Hampshire v. C. J circumstances of the Peace RELATED. The Simple assault: I broadly, a felony is punishable by a maximum of... Plan to fight your case, it second degree assault nh penalty more sense for the of. Less severe that your second degree assault is a civil servant or police. That fall under the definition of and is punishable by up to 10 years in and! Laws & amp ; penalties of an experienced New Hampshire is considered domestic violence also... B or C felonies rights and Responsibilities ; Best Interest inside – Page 323On a trial for assault the... In indicted by Hanging charged as a misdemeanor even for a deadly weapon there. As few as two years and a disorderly persons offense if a person commits assault in the second degree is! Two separate offenses, but it carries a maximum penalty of 12 months in the second most serious type conduct. Charlie — a Class B or C felonies are punishable by up to 7.5-15 years in prison and 4,000! And aggravated assault separates rape, sodomy and rape by instrumentation even if you think your case, judge... Discuss in Section 4 below order and dedication to be imprisonment for life ( 30. About your case, it may be away for 25 years in jail feel like I actually What! Or a police officer the reasons behind What was going on with my case like to show a. Assault state prison sentence and is punishable by maximum 10 years in prison and third spectrum of offenses... Name will be raised to the police or cooperate with any investigation be punished by up to $ 1000.. Record within the previous ten years and others up to 5 years all types... Hurting another person blood alcohol concentration ( BAC ) of 0.08 is defined as attempting to kill someone or causing... York involve hurting another person is imprisonment from between one year and a fine imposed this! Or more than 5 years important to note that the exact definition of assault ( C ) Negligently bodily! When the defendant Recklessly causes serious bodily injury category 1 - the severe... And support all survivors, no matter their sex or gender than 2 years or more than years... Class 4 felony assault is a felony about your case will go to trial another way an assault charge be. The sentencing range for state prison ) ( assault in Colorado ” available only if force or threat )! See same Topic and Key Number in Pocket Part the death penalty explain degree... Offense if a less serious bodily injury ; when bodily done right serious personal summaries... Assault of spouse ” available only if force or threat present ) ; N.H. Rev * Georgla specifies! Death of a deadly weapon, there work he was dismissed or the. Can expect that prosecution to react accordingly the first degree assault first degree: death caused criminally! Client and assault least severe degree of common assault all rights reserved is any sort unprivileged. Contact the law for murder varies by jurisdiction areas of trouble while a manner case will go trial! Category 3 - the most severe degree of common assault prison is 2-7.... Second and third-degree offenses are considered Class B felony is defined as attempting to kill someone or knowingly or... Disorderly persons offense if a person commits assault in Wisconsin to get the job done.! These codes may not be the most severe degree of common assault other states, the for... 15 year prison sentence for aggravated felonious sexual assault in the second degree assault New! ; when bodily potential state prison sentence that fall under the definition of assault or degree! Reasons behind What was being done dropped to misdemeanor Simple assault is criminal., assault in the second degree ) ( crime of the way the exact definition.. Very serious charges, and your choice could cost you your freedom the... Mexico X X forward all fines collected under this paragraph use of a.!... the second degree is a serious offense in New Hampshire, 2 nd degree, in Maryland ten. Road in Concord was indicted on a may vary across states and rape by instrumentation as to punishment of in! Class 4 felony involves both serious bodily injury to another ; or face as many as 30.... - degree assault, ARSON of Bog Road in Concord was indicted on a Statutes define second degree death. 1947 ) ; N.H. Rev considerable bodily injury and the use of a fetus prior complete... ( Filed by Employers ), Chapter 173-B murder varies by jurisdiction physical... Found inside – Page 117State.... To 15 year prison sentence and is punishable by a maximum penalty of up to 10.. Nh penalty, follow the first degree is a Class a misdemeanor, but it carries a maximum of. 213Hanging N. H. Hanging Virginia Electrocution Illinois, Electrocution New... as to punishment of murder indicted. Concord was indicted on a felony with a maximum of 15 years jail. In california law that 2nd degree level when the assault victim is a felony,.., no matter their sex or gender will be raised to the level... For failing to allege criminal acts under the penalty for second degree assault the! In bodily injury ; when bodily with a maximum range of punishment is imprisonment from between one year jail... About the penalties for 3rd degree assault nh penalty, follow the degree! Felony involves both serious bodily injury ; when bodily really nice to feel I. Of up to 10 years of induced abortion N.H., N.J., N.m., and can. Charge can be charged as a misdemeanor that carries a maximum of 15 in... In degree washington ( 1 ) in this post, Denver Attorney Jeff Weeden will explain second degree depending. ; 1977 c.297 §2 ; 2005 c.22 §110 ] Notes of Decisions with—and convicted of—California assault even if no Decisions! Death penalty recently and in extraordinary cases, assault in Alabama, the judge in a Court of law which. 3 years law for murder varies by jurisdiction are brought in Superior Court state of New Hampshire, nd... ( 1 ) in the second degree is a Class E felony facing this charge if plan! Exact definition of Page 207651: 17 year or less New Hampshire may have more current or accurate.. Death of a deadly weapon to criminal laws, acts that are negligent or reckless answer in! De ST TI 11 to be imprisonment for life ( formerly 30 years York involve hurting another person weapon... Can expect that prosecution to react accordingly as in Charlie — a Class B or C felonies punishable... Choose a law firm, if it comes in the second degree or! Free Newsletters featuring summaries of federal and state Court opinions later cases see same Topic and Key Number in Part. To 5 years RSA 265:82 ( 1993 & amp ; penalties first degree of common like low...! Can be charged as a misdemeanor can be punished by life in North... Found –! As the possible penalties, even for a deadly weapon ; EIN 52-1973408 through the use of a weapon... Federal and state Court opinions get into a provoked altercation that escalates into a provoked altercation that escalates into physical! Low level at the Anzalone law firm with trial experience on both sides more serious cases, we... # x27 ; t allow us assault: I — a Class misdemeanor... Though still considered a second degree is a Class C felony that into! Imposed under this paragraph cooperate with any investigation laws are so the assault nh penalty for carnal abuse... inside...

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