If you’re wondering how long after theft you can be charged in New Hampshire, the answer depends on whether the allegation is a felony or a misdemeanor. In most cases, prosecutors have six years to bring felony theft charges and one year for misdemeanor offenses. If charges are filed after that deadline has expired, the statute of limitations may provide a defense.
The exact timeline can vary depending on the circumstances, so it’s important to understand how the law applies to your specific case. Speaking with a New Hampshire criminal defense lawyer early can help you evaluate whether the state acted within the required time limits.
Theft charges and penalties in New Hampshire
Misdemeanor theft in New Hampshire applies when the value of the property is $1,000 or less. A Class A misdemeanor can carry up to one year in jail and fines.
Theft may be charged as a felony when the value of the property exceeds $1,000, but the level of felony depends on the amount involved. Property valued between $1,000 and $1,500 is generally a Class B felony, while property valued over $1,500 may be charged as a Class A felony. Class A felonies carry the potential for significant prison exposure under New Hampshire law.
Are there exceptions to New Hampshire’s statute of limitations for theft?
Sometimes, the accused is not in the state during the investigation or at the time of indictment for theft charges. In that case, the statute of limitations for theft is paused and resumes when the individual can be brought back to New Hampshire. Tolling also may apply in cases where the victim is a minor, and the state may wait to file charges until the victim turns 18.
Tolling does not extend the total length of the statute of limitations. It simply pauses the clock under specific circumstances. In some fraud or embezzlement cases, the statute may begin running when the offense is discovered rather than when it occurred.
What is the purpose of a statute of limitations for theft?
The primary purpose of setting a time limit for filing criminal charges is to ensure fairness. It protects defendants from having evidence lost or disappear, and from witness memories fading. It also supports your constitutional right to a speedy trial. And by limiting the time the state has to file theft charges, it prevents the possibility of charges being brought decades later, when evidence may no longer be reliable.
For victims of theft, the statute of limitations gives them time to discover the theft, report it, and initiate other legal action. Victims, too, have a right to speedy justice and are entitled to seek restitution. A statute of limitations provides victims the opportunity to get restitution promptly.
Work with a local New Hampshire theft defense lawyer
The penalty for most theft charges includes jail time and thousands of dollars in fines. Additionally, a theft conviction becomes part of your criminal record, which could affect professional licenses you hold, could disqualify you from getting financial aid for college, and could hamper your employment prospects.
Our firm advocates for people accused of theft, defending their rights and freedom. We examine the charges against you, including whether they were filed past the New Hampshire statute of limitations for theft, and determine whether the charges were filed within the legal deadline. Call Shaheen & Gordon at (800) 451-1002 for a confidential consultation with our criminal defense attorneys.
