Charges for theft in New Hampshire can range from Class B misdemeanors to Class A felonies, depending on the circumstances. Many New Hampshire theft crimes can be subject to stiff penalties in the event of a conviction. The state’s Criminal Code divides property crimes into several distinct types based on how the alleged theft is carried out, and understanding how and why the prosecution is applying specific charges may not always be easy for a layperson dealing with the stressful experience of an arrest. Working with a theft lawyer may make it easier to navigate the criminal justice process in the Belknap County area as you evaluate your options for entering your plea with the court or mounting a vigorous defense. Fortunately, you do have the right to consult with an attorney. Call Friedman & Bresaw, PLLC in Meredith or Laconia today at 603-707-4800 to schedule a free consultation to discuss your case.
What Is the Maximum Charge for Theft in New Hampshire?
In New Hampshire, charges for theft (rather than robbery) may be classed as felonies or misdemeanors, depending on the circumstances. Generally speaking, the circumstances that would affect charges in a case of alleged theft will be linked to the value of the property taken. The most severe charge for theft in New Hampshire is a class A felony, with the caveat that a conviction for theft committed with a firearm will be subject to the harsh maximum sentence applied under RSA 651-2, II-g.
Value of Property vs. Physical Threats in Determining Charges for Theft
Some states calibrate the severity of their charges for property crimes based principally on whether force was used in committing the alleged act – and if so, what kind of force and to what extent. Others separate property crimes committed with and without force into separate violations under their criminal codes. New Hampshire does consider the use of physical force, or the threat of such use for intimidation, in determining the severity of theft charges, but also allows for a separate charge, robbery, to be applied to the use or threat of force “in the course of committing a theft.” Note that the use or threat of force is distinct from whether the individual charged with the theft is alleged to have been armed at the time of the crime; if the accused is alleged to have been armed with a deadly weapon at the time of the crime, then the theft charge may be escalated to a class A felony, regardless of the value of the property stolen.
Misdemeanor Theft in New Hampshire
Misdemeanor charges are the least severe charges brought for allegations of theft under New Hampshire law. Generally speaking, theft may be charged as a misdemeanor in the New Hampshire criminal justice system if the value of the property taken is no greater than $1,000 and the alleged method of theft does not involve cheating at a game of chance covered under RSA 287-D.
Felony Charges for Theft
Allegations of theft that do involve cheating at a gambling activity governed by RSA 287-D may be charged as class B felonies, even if the value of the property taken is less than $1,000. A class B felony charge may also be brought for an alleged theft when any of the following apply:
A class B felony charge may be brought for theft when any of the following apply:
- The value of the property taken falls between $1,000 and $1,500.
- The charge is for theft of property from three or more separate businesses within a single 72-hour period.
- The property is obtained “with intent” to distribute, e.g., via reselling the stolen goods.
- The person charged with the theft has already been convicted of what is informally known as “shoplifting,” which New Hampshire law packages with misdemeanor willful concealment under RSA 637:3-a, twice within the three years preceding the current charges.
Charges for theft committed with a deadly weapon that is a firearm may be elevated in severity to class A felonies, and convictions sentenced under RSA 651:2, II-g, regardless of the value of property stolen or the defendant’s record of prior convictions.
What Type of Lawyer Do You Need for Theft Charges?
A theft lawyer will be a criminal defense attorney. The state can appoint a defense lawyer from the Public Defender’s office if you are unable to afford one. The nature of their work means that these attorneys have the opportunity to develop strong working relationships with state prosecutors, which can sometimes be helpful in navigating complex legal processes such as plea negotiations. Several members of the team at Friedman & Bresaw, PLLC spent time working in the New Hampshire Public Defender’s Office before entering private practice, and we are very proud of the work we did and the relationships we built while we were there.
At the same time, the right to a court-appointed attorney is based on strict need-based criteria – so even though you have the right to be represented by an attorney, you may not meet the qualifications for having an attorney provided for your defense. In that case, reaching out to a criminal defense lawyer in private practice may be an important step toward securing sound legal advice as you evaluate the charges and weigh your options for defense.
What Does a New Hampshire Theft Lawyer Do?
If you reach out to a New Hampshire theft lawyer because you have been arrested for a violation of any of the state’s statutes involving theft, one of the first things he or she will likely do is advise you not to discuss your situation with law enforcement or prosecutors until your criminal defense attorney has had a chance to speak with you in person and get your side of the story. If you have already been charged with a theft crime in New Hampshire, a criminal defense lawyer will likely also want to review the specific charges and evaluate the evidence submitted by law enforcement that led state prosecutors to file those charges.
If you are innocent of the charges, it is very understandable that you might want to plead not guilty and clear your name. If you genuinely took something that was not yours – or accepted an item that you knew had not been honestly obtained – then exoneration in court may not be a realistic goal. Many criminal cases are resolved through plea agreements, so the possibility of negotiating such an arrangement with the prosecution is an option your theft lawyer may discuss with you.
Negotiating Plea Bargain Terms
If the evidence the prosecution plans to present against you is strong, a New Hampshire theft lawyer may advise you to accept a “plea bargain.” A plea bargain, also known as a plea deal, is an arrangement in which the defendant in a criminal case agrees to enter a plea of guilty in the court record for a charge that is less severe than the one originally filed by the prosecution. Plea bargains are very common in criminal cases of many different kinds, but they are not appropriate in all circumstances. There are several factors a Laconia theft lawyer may urge you to consider in evaluating any plea agreement.
Personal Guilt vs. Innocence
Even though innocent people can sometimes be caught in circumstances that make them appear guilty, people who have truly not committed a crime often have strong personal and ethical objections to accepting a plea of guilty. Going to trial still always entails a risk, so we always encourage clients to consider their options thoroughly and discuss the range of possible outcomes with a trusted defense attorney.
Strength and Nature of Evidence
The type of information the prosecution is using to connect you to a crime, and how substantial or reliable that information is likely to be. Circumstantial evidence, such as video surveillance placing you near the location where a crime was committed within a few minutes of the event, can be compelling when there are many separate pieces of this kind of evidence. Direct evidence, such as a witness who is ready to testify that they watched you take their property or the discovery of a stolen item in your possession, can often be more persuasive with fewer individual pieces. How the evidence was collected, and whether the evidence was handled in accordance with all legal requirements, may also be important.
Number and Severity of Charges
A plea that reduces a felony to a misdemeanor may be more valuable than a plea that only reduces the charge from a class A misdemeanor to a class B misdemeanor. On the other hand, the structure of New Hampshire’s Criminal Code means that a single act of taking someone else’s property can violate multiple statutes simultaneously. Conviction on multiple charges, even if they are all misdemeanors, can result in steep penalties, so sometimes a New Hampshire theft lawyer may work to negotiate a plea agreement that reduces the number of charges.
Minimum and Maximum Sentencing Requirements
A criminal defense attorney may be in a position to help clients evaluate both the original charges in their case, and any proposed by the prosecution as part of plea negotiations, in light of two important sentencing considerations:
- The mandatory minimum sentence
- Maximum sentence permitted
Individual concerns will vary by case, but a theft lawyer may be able to help you evaluate whether the mandatory minimum for a charge to which you are considering a plea of guilty is something you are willing to accept without contest, and also help you evaluate whether the maximum sentence for a conviction under the original charge is an outcome you are willing to risk.
Arguing for Lighter Sentencing
If you plead guilty as part of an agreement negotiated with the prosecution, or if you go to trial and are convicted on some or all of the charges against you, a theft lawyer will often present arguments in favor of lighter sentencing than what is recommended by the prosecution. These arguments will likely be constrained to some degree by mandatory sentencing guidelines, but within those parameters can still be valuable.
Defending You in Court
If you choose to plead not guilty, the American Bar Association (ABA) emphasizes that it is a defense attorney’s role to vigorously defend a client’s interests. The burden of proof in criminal cases is on the prosecution, and the standard of proof the prosecution must meet is “reasonable doubt.” In essence, to secure a conviction the prosecution must convince the “finder of fact” (a judge or jury) that there is no reasonable doubt the defendant committed the crime. For cases involving multiple charges, the prosecution must meet the burden of proof for each charge separately.
The fact that the burden of proof rests with the prosecution, in combination with the reasonable doubt standard, means that in many cases the defense’s role is not so much to prove the defendant did not commit the crime as it is to raise reasonable doubts about whether the defendant committed the crime. Contrasting witness testimony, evidence that places the defendant at a distant location not long before or after the crime allegedly took place, and questions about the validity of any physical evidence collected may all play a role, depending on the circumstances.
Discuss Your Case With a Theft Lawyer in Belknap County
If you have been charged with a theft crime in Meredith, Laconia, or anywhere in the Belknap County area, then it is important for you to take your legal situation seriously. Consider exercising your legal right to an attorney and reaching out to a theft lawyer experienced in cases like yours to get an informed perspective on the charges and evidence in your situation. You can reach the criminal defense team at Friedman & Bresaw, PLLC by calling 603-707-4800 today.
