nh personal injury attorney

Vandalism: A Game That Turns into a Legal Nightmare

NH criminal attorney

It may start out as innocent fun, tossing rocks at what looks to be a junk car, or spray painting an old wall. Maybe you didn’t have plans on doing anything all, but you got caught up in the wrong crowd who pressured to you do a little damage to another’s property.

New Hampshire law is clear; the destruction of property is considered a crime. If convicted, you could face serious penalties that result in a criminal misdemeanor or felony. A conviction lasts on your record forever. NH criminal law attorney Ryan Russman defends those who have been wrongly charged of vandalism.

What is Considered Vandalism?

In the summer of 2011, a group of minors trespassed onto school property in Concord, New Hampshire and slashed the tires of 27 school buses. The Concord Monitor reported that the school district had 29 buses. The destruction was discovered that morning, and the school had no way to transport approximately 2,500 students to school. The police arrested four students, and each minor was given one count of criminal mischief – a felony charge.

Once charged and convicted of vandalism, you could face seven years in prison along with hefty fines of up to $4000.

Any type of destruction of another’s property is considered vandalism. An individual can be charged with a criminal misdemeanor or a felony based on the circumstances and past criminal records. Even if property seems unused or belonging to no one, if you destroy it, you could face penalties that change the course of your life. Acts of vandalism commonly include:

  • Breaking windows
  • Damaging benches or public seating areas
  • Ripping bus seats
  • Slashing tires
  • Moving or breaking tombstones
  • Scratching windows
  • Keying vehicles
  • Etching in desks, tables or other furniture
  • Spray painting or graffiti
  • Destruction of a church or synagogue
  • Destruction of government facilities or public property (including highways)
  • Destruction of crops or farmland

Tampering with property can cause irrevocable damage to the owner. If you have a vandalism charge and get convicted you may be required to pay for damages to the property owner along with court fines and penalties.

False Vandalism Charges May Still Lead to Conviction

If you don’t have right representation, and know you weren’t involved in a vandalism crime, you still could be convicted of a criminal misdemeanor. The best course of defense is to hire an experienced attorney who is well-versed in criminal law. Ryan Russman has years of experience as a NH criminal attorney and has helped hundreds of clients prove their innocence. Why suffer the consequences if you didn’t commit the crime?

Vandalism Laws in New Hampshire

According to the vandalism laws of New Hampshire, destroying property is considered criminal mischief. Anyone who has damaged another’s property by defacing, rendering useless, or otherwise destroying could be subject to vandalism laws. New Hampshire stipulates that this type of criminal mischief is considered a Class B felony, or Class A misdemeanor depending on the circumstances that surround the crime. The following types of crimes may be subject to a felony conviction:

  • Financial losses in excess of $1000
  • Impairing public communication, transportation or other services (such as water or gas)
  • Damaging historical or cultural private or public property
  • Discharging a firearm in public indoor area

When a property owner reports less than $1000 but more than $100 in damages, the vandalism charge could be changed to a misdemeanor.

Contact NH Criminal Law Attorney Ryan Russman about your Criminal Misdemeanor

Attorney Ryan Russman will listen to your story. He offers a free consultation, and can help you out of your legal predicament. He delves into each case using all methods of research – examining records, interviewing witnesses and comparing past vandalism cases to get you the best help you need.

Call him today 603-772-3433

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Hindering Apprehension in New Hampshire

NH Criminal Mischief Charge

What is Hindering Apprehension and Prosecution in New Hampshire

Within the category of a criminal mischief charge is the crime of hindering apprehension and prosecution. This is commonly associated with harboring or concealing someone whom you know is wanted by law enforcement. If you have been charged with this offense, immediately contact a New Hampshire criminal defense attorney.

Hindering apprehension, though, also includes providing that individual with transportation, a weapon, or a disguise to elude detection. Warning the wanted person that police are coming is included under this offense.

Further violations include concealing, altering or destroying any evidence that police could use in finding, apprehending or convicting the person at large; and by deceiving the police or obstructing an officer from performing any act that could lead to the apprehension or conviction of that person.

Wiretaps are sometimes used in discovering a wanted person or in gathering evidence against him or her. If you know that any communication, including emails or phones, are being tapped or traced and you alert the person of this, you can be charged with hindering apprehension.

Hindering apprehension is generally charged as a misdemeanor, unless the accused had reason to know that the person he or she is harboring or assisting under the elements of this offense committed a Class A felony. In this case, the accused can be charged with a Class B felony.

A Class B felony carries possible state prison time of 3 and one-half to 7 years.

Examples of hindering prosecution include:

• Concealing evidence that could be used to convict someone
• Laundering money or exchanging it for other bills if you know or suspect the bills are marked is a chargeable offense, as is keeping stolen goods in your possession until they can be distributed.
• Destroying evidence such as discarding a weapon that you knew was used in committing a crime could be charged as a Class B felony.

Criminal Defense for Hindering Apprehension and Prosecution

A person must obviously have been aware that the person being hid or concealed is wanted by the police. Merely having that person stay the night or by giving them funds for a bus is not sufficient without the intent to help the person elude capture.

One of the more famous examples was that of Dr. Samuel Mudd who treated Lincoln’s assassin, John Wilkes Booth, while Booth was fleeing, and allowed him and his cohorts to stay at his residence, but probably was unaware of Booth’s act.

Although hindering apprehension or prosecution in New Hampshire is typically a misdemeanor offense, this should not dissuade anyone charged with this offense from retaining the best possible NH criminal defense attorney. Misdemeanor convictions are included on your criminal record and will be seen by any potential employer or landlord.

Also, your misdemeanor could be upgraded to a Class B felony if evidence reveals that the underlying crime becomes murder or a Class A felony. Felonies involve serious prison time and a conviction can drastically affect your life for years, if not permanently, unless you retain a New Hampshire criminal defense lawyer with experience and knowledge to ensure all your rights are protected and all viable defenses and alternatives researched and presented.

Ryan Russman is one of New Hampshire’s premiere criminal defense attorneys who has successfully represented persons charged with hindering apprehension and prosecution throughout New Hampshire. Contact him today for a free consultation.

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New Hampshire Criminal Mischief Charge

NH Criminal Mischief ChargeIn New Hampshire, a criminal mischief charge generally refers to a criminal property offense. To be considered a criminal mischief charge, the offender must have purposely or recklessly damaged the property of another, or vandalized it.

The crime does not apply to car accidents, unless the driver purposely rams another vehicle, but generally includes situations where someone throws a rock through a house window, commits arson, fires a gun at an occupied structure, or does damage to a municipal bus or other form of municipal transportation that substantially interrupts or impairs its operation.

A New Hampshire criminal mischief charge is a Class A misdemeanor if the property damaged is less than $1,000 but more than $100. Any misdemeanor carries a maximum county jail time of up to one year.

For recklessly or purposely causing property damage of more than $1,000, you could face a Class B felony, with a sentence of 3 and one-half to 7 years in state prison. To be charged as a Class B felony, the defendant must have allegedly committed any one of the following:

  • Purposely caused property damage valued at more than $1,000.
  • Substantially interrupted public or utility transportation
  • Fired a gun into an occupied structure
  • Caused any damage to property where the offender is award has historical, cultural or sentimental value and cannot be replaced or repaired.

Charged with Arson

A serious criminal mischief charge related to property is arson. It is the intentional starting of a fire or causing an explosion that damages property. It is a Class A felony if the fire or explosion damages a structure that is occupied or is an historic structure. An occupied structure is one that is normally used as a residence or for business purposes and can be vacant.

If the fire or explosion was done to collect insurance proceeds, damages real estate, or the damage exceeds $1,000, it is a Class B felony. Also if the fire or explosion endangers a person or other occupied structure, it is a Class B felony as well.

It can be a misdemeanor if the damage to property is under $1,000.

Other Types of Criminal Mischief Offenses

Criminal mischief also includes other non-property crimes, called “Obstructing Governmental Operations,” that can result in serious penalties. If you have been charged with any of the following offenses, you should immediately consult with a New Hampshire criminal defense attorney:

Obstructing Crime Report: This involves interfering, disabling or using force or threats to impede or block access to any form of communication by a police officer or healthcare provider to report a criminal offense or provide medical assistance. If no violence is involved, the offense can be charged as a misdemeanor.

Resisting Arrest: Hindering or preventing a police officer from arresting someone.If no weapon is used and if the officer is not assaulted or injured, the offense is a misdemeanor with fines and jail time or community service.

Aiding in Criminal Activity: This is assisting someone or being an accessory to a crime by giving advice, money, or some other degree of involvement. The offender need not be present when the crime is committed. It is either a felony or a misdemeanor depending on the severity of the crime that is committed.

Hindering Apprehension: This offense usually includes hiding someone fleeing from police but is also includes providing the person with a weapon or car to avoid arrest, warning the offender of imminent discovery, deceiving police, or destroying or altering evidence that could be used to arrest or apprehend the person. It is a misdemeanor unless the individual hindering apprehension is aware that the fleeing person committed a felony; in which case, it is a Class B felony.

Institutional Escape: Anyone who escapes from jail or other institutional facility commits a Class B felony offense and faces from 3 and one-half to 7 years in prison.

If you are charged with a criminal mischief, you need the assistance of an NH criminal defense attorney who has the skills, knowledge and experience necessary to defend you whether the offense is a misdemeanor or felony.

Ryan Russman is a prominent criminal defense attorney in Exeter, New Hampshire who also has offices in Manchester and Portsmouth and has handled serious criminal cases throughout the state. Mr. Russman is a member of the National Association of Criminal Defense Lawyers and has appeared on radio and television to discuss criminal law topics.

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