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‘Stand Your Ground’ to Stay New Hampshire Law?

Gun laws are receiving much press across the country, but there are important bills that could affect residents of New Hampshire specifically. According to an article in New Hampshire Public News, perhaps the most significant of these is the attempted repeal of New Hampshire’s “stand your ground” law, which has incited hot debate in Concord.

What is a ‘Stand Your Ground’ Law?

These laws are in force across more than twenty states, and they eliminate the requirement for people to “attempt to retreat” before they use deadly force in self-defense outside their homes. If the law were repealed in New Hampshire, “people would again have a duty to retreat before using deadly force to defend themselves or others.” In other words, these laws give people the right to “shoot first” before attempting to get away from an attacker. Significantly, the “stand your ground” law in our state also grants immunity to anyone who injures bystanders while they’re using deadly force as permitted by the law.

These laws are distinct from ones that permit you to defend yourself in your home, a right that most states readily allow.

Many of these laws have come into question in the past year since the Trayvon Martin shooting in Florida. According to the Tampa Bay Times, 17-year-old Martin was shot and killed by a member of the neighborhood watch who claimed that he was in fear for his life. After the Martin shooting, New York City Mayor Michael Bloomberg created a campaign, “Second Chance on Shoot First,” intended to promote the repeal of many of these “stand your ground” laws across the country.

Who Would the Repeal Affect?

The “stand your ground” repeal is proposed in House Bill 135, and it is sponsored by a concerned legislative panel in the state. However, other representatives and advocates are more anxious by the negative effects of repealing the law.

Laurie Sanborn, the House Republican policy leader, worries that a repeal of New Hampshire’s “stand your ground” law would imply that women aren’t free to defend themselves outside their homes, or that parents can’t defend their children. She argues that “it’s telling the law-abiding people of this state they don’t deserve the right of personal defense.”

Other advocates of “stand your ground” laws insist that they deter violence—if a criminal knows that a victim is permitted to “shoot first,” he may not attack. However, Mark Hoekstra, an economist at Texas A&M, indicates that murder rates actually rose in states with “stand your ground” laws. With such statistics, Hoekstra suggested that New Hampshire would see “one or two additional homicides annually.”

Recent News Surrounding HB 135

While the New Hampshire Public News seemed confident that “stand your ground” will remain good law in our state, the New Hampshire Union Leader reported increased support for the repeal. The article indicated that the House Criminal Justice and Public Safety Committee voted the that House repeal “stand your ground.” The bill is set to go before the full House, where members of the Criminal Justice Committee predict that “it will be the subject of intense debate.”

If you have questions about your rights, contact an experienced attorney today.

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New Hampshire Felony Theft Explained

NH felony Theft Criminal Defense AttorneyIn New Hampshire, felony theft is a common term used to describe the crimes of Larceny, Robbery and the white color crime of Embezzlement.

What is a Felony?

Crimes are lumped into two general categories: felonies and misdemeanors. A felony is a crime that is punishable by death or imprisonment for more than one year. All other crimes are misdemeanors. In New Hampshire, the death penalty is only reserved for capital offenses which do not include felony theft.

Types of Felony Theft

In New Hampshire, there are three general types of felony theft.

  1. Larceny is the intentional taking of another person’s property without legal permission and with the intent of permanently depriving the owner of his interest in it. Larceny is further broken down into two categories: grand larceny or grand theft and petty theft. Generally, any theft that amounts to more than $500 is considered grand theft. The major difference between the two is grand theft is a felony whereas petty theft is a misdemeanor. An example of petty theft is shoplifting. Grand theft can be accomplished without permission from the rightful owner or with permission through fraudulent means.
  2. Robbery is the unlawful taking of property from a person through force, threat or intimidation. The use of force or threat is what separates robbery from grand theft.
  3. Embezzlement is the intent to defraud. It is when a person in a position of trust, such as a manager of a business, deprives the true owner of the property before the owner ever takes possession. For example, a night manager entrusted with the cash drawers takes money before accounting for them on the company’s books. Often embezzlers try to cover their tracks by recording false entries and records.

Related crimes are possession of stolen goods, concealment, identity theft, internet fraud and burglary. Burglary in particular often is the double crime of unauthorized entry plus grand theft or robbery once inside.

Consequences and Defenses for Felony Theft

In New Hampshire, felony theft is categorized as a Class A felony. So if you are brought up on felony charges for grand theft, in addition to fines of $4000 or an amount that does not exceed double the amount of property gained, the jail time can be from 71/2 to 15 years in state prison.

Defenses for felony theft crimes include mistake and lack of intent. Mistake is usually used in the petty theft cases of shoplifting. For grand theft, embezzlement, robbery and other felony theft crimes, the best defense is to attack the necessary intent needed to complete the crime.

For example, if you used your neighbor’s car to go to the grocery store and then immediately returned it, you would lack the necessary intent to permanently deprive him of his car. This is a necessary element for charges of grant theft. In this example you would still likely be charged for the misdemeanor of petty theft because you took the car without the owner’s permission.

If you have been brought up on felony charges for grand theft, there are many qualified New Hampshire criminal defense attorneys such as Ryan Russman. Mr. Russman has the criminal defense experience necessary to prepare the best defense you will need for serious crimes like felony theft.

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