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Burglary in New Hampshire

Burglary can be a crime of theft. In New Hampshire it is generally charged as either a Class B or a Class A felony depending on the circumstances of the crime.

Under New Hampshire criminal law, a burglary is charged as a Class B felony if a person enters an occupied building or structure without permission, or even a locked room the person has no permission to enter, with an intent to commit any crime, although it is generally to steal property.

It is considered a Class A felony, however, if the offense occurs in a dwelling at night or if the defendant uses a deadly weapon while committing the crime or while fleeing, or inflicts serious bodily injury on anyone.

For a structure to be occupied within the meaning of the law, it must be a place that a person uses to live or sleep at, or uses for business purposes. It is not necessary that anyone be present at the time a burglary is committed.

Also, the element of night, for purposes of a Class A felony, means 30 minutes after sunset up to 30 minutes before sunrise.

There is no requirement that you force your way into a structure or dwelling, so long as you lacked permission to do so, or that you commit any crime, so long as you apparently had the intent to do so for a burglary arrest. For example, if you have a weapon in your possession or told someone beforehand of your intent to commit a crime in another person’s building or dwelling, this could be evidence of your intent.

Burglary can be charged as a misdemeanor if you are caught with any devices that could be used to unlawfully enter a building, room, safe, or vault, with the intent to steal something or to commit any other crime. Law enforcement and prosecutors normally refer to these devices as burglary tools. These include knives, box cutters, screwdrivers, or any other implement that is so used.

Making or altering a tool or implement to be used for forcing open or breaking into a room, building, vault, or safe is also a misdemeanor.

Defenses to Burglary

The most obvious defense to a burglary is that the structure or dwelling is abandoned. It probably is legally insignificant if a homeless person or trespasser happens to be sleeping in a building either normally used as a dwelling.

If you lawfully entered a building and then entered a room in which you did not have permission to enter but believed you did and committed a crime, the prosecutor may not be able to prove you should have known you did not have permission.

Theft in New Hampshire

Theft is the unlawful taking of someone else’s property with the intent to permanently deprive the owner or lawful possessor of the item, or to obtain the services or labor of another without the intent to pay for it. Anyone with a theft arrest should immediately contact a NH burglary and theft attorney.

The severity of the offense is determined by the value of the item or services unlawfully taken.

There are numerous theft offenses under the criminal law statutes of New Hampshire. The following is a short list:

• Unauthorized Taking
• Willful Concealment
• Theft by Deception
• Theft by Extortion
• Theft of Services

Unauthorized Taking

Embezzlement, which no longer has a separate category, is included herein. It is merely obtaining unlawful control over someone else’s property with the intent to deprive that person of that property.

Willful Concealment

Attempted shoplifting may be a part of this offense if the person, while in the store, willfully conceals the items. Switching price tags to a lower amount or to a different container are also examples. This is typically a misdemeanor.

Theft by Deception

This is giving a false impression as to the value of property, fails to correct a false impression that the accused created or reinforced and which he or she knows is influencing another person to whom the accused is in a fiduciary or confidential relationship, fails to reveal a known lien or claim, and the person suffers a loss.

Theft by Extortion

Extortion is obtaining or gaining control over another person’s property by threatening physical harm, subjecting that person to restraint, accusing the person of a crime or that he or she will be exposed to contempt, or takes any action that would substantially harm that person’s health, safety, career, reputation, or personal relationships. This is a Class B felony.

Theft of Services

Theft of services occurs when labor or other services for sale are obtained by deception, threat, force, or any other way to deprive the person of compensation. This also applies to utility services, restaurant meals, lodging, transportation, or admission to sporting or entertainment events.

Penalties for a Theft Conviction in NH

These offenses are misdemeanors if the value of the item or services taken is $1,000 or less. If the value exceeds $1000 but is less than $1,500, it is a Class B felony, unless a firearm is stolen or the accused is armed with a deadly weapon, which carries a sentence of 3 and one-half to 7 years in prison. At least three other theft offenses committed within a 72-hour period also constitutes a Class B felony.

If the value exceeds $1,500, or the accused has a two prior theft convictions as a felony or Class A misdemeanor, it is a Class A felony.

Theft Defense

A theft defense is demonstrating that the accused is the true owner of the property, or that no trust or fiduciary relationship existed if accused of deception. Extortion cannot be demonstrated if the consent was not induced by force or fear.

A concealment defense is that the person mistakenly placed an item in his or pocket with no intention to steal it.

No intent is shown if the defendant was unaware the property belonged to someone else, or believed he or she was entitled to the property or services.

Intoxication can be a viable defense if the accused mistakenly believed the item belonged to him or her or that a service was already paid.

Often, if the defendant attempts to return the item, a court or prosecutor may treat the defendant more leniently, although this is not a defense to the crime.

If you’ve been charged with burglary or theft, contact NH Attorney Ryan Russman today for a free legal consultation advising you of your rights.

 

Resisting arrest is also considered a criminal mischief charge in New Hampshire. If you were placed under arrest by a person that you knew, or should have known, to be a law enforcement officer, you had a duty under the law to submit to that person’s authority.

You cannot resist any attempt to detain or arrest you by using force or by using a weapon. The same duty applies if the law enforcement or peace officer is arresting or attempting to arrest or detain another person.

You can verbally protest the arrest by arguing with the officer so long as you do not apply any force or threaten the officer with violence. Taunting the officer or being verbally abusive may qualify as resisting arrest, but there may have to be a reasonably implied threat accompanying the taunt or verbal protest

Also, the arrest does not have to be legal or have any legal basis. Further, the law enforcement officer includes not only a police officer but a parole or probation officer.

Most people are aware that they committed a crime and are subject to arrest, but there are situations of mistaken identity. It is best, however, that you peacefully submit to an arrest if you are reasonably aware that the person is a peace officer. If you are arrested for any charge, immediately call a New Hampshire criminal defense attorney.

Resisting arrest is usually charged as a misdemeanor, which carries a possible jail sentence of up to one year. If the resister used a weapon or caused bodily injury to the officer, he or she could be charged with a Class B felony along with an assault and battery charge. A Class B felony carries possible incarceration in state prison of 3 and one half to 7 years.

Criminal Defenses for Resisting Arrest in NH

There are defenses against the crime of resisting arrest that a competent NH criminal defense lawyer can explore for you. A peace officer has to act within reasonable bounds and not use unnecessary force and violence that would constitute an assault or battery in effecting the arrest or detention.

For example, if the officer without cause attempt an arrest by beating the accused with a weapon or by molesting the defendant, he or she has a right to reasonable self-defense.

Further, the officer must have acted under color of authority and have announced his or her intention to arrest you. If the officer was not in uniform, did not produce official identification, and merely attempted to place handcuffs on you, this could constitute a reasonable defense. However, a police officer can be off-duty but so long as he or she is wearing a uniform or badge and announces his or her intention to arrest you, the officer is acting under color of authority.

If the peace officer acted illegally and without color of authority, he or she could be charged with a federal offense under Section 242 of Title 18, Deprivation of Rights Under Color of Law, which is punishable up to one year in prison. If a weapon is used by the officer or the threat of one while acting illegally, he or she faces up to 10 years. A fatality or the use of violence can subject the officer to life in prison.

If the arrest was illegal, you might also have a civil action for false arrest or even for personal injury if you suffered injuries.

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 including charges of resisting arrest 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.

In 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.