In New Hampshire, theft can be charged as either a misdemeanor or a felony. Whether it rises to the level of a felony usually depends on the value of the property involved and the specific circumstances of the case.
Under state law, theft generally means taking or controlling someone else’s property with the intent to permanently deprive the owner of it. That definition covers a range of conduct, from shoplifting to more complex financial theft allegations.
If you’re facing theft charges, speaking with a New Hampshire criminal defense lawyer early in the process can help you understand what level of charge you may be dealing with and what that could mean for your future.
What kind of theft is charged as a felony in New Hampshire?
The classification depends primarily on the value of the property.
- Class B felony. Theft is typically charged as a Class B felony if the value of the property is more than $1,000 but not more than $1,500. Certain repeat or aggravating circumstances can also elevate a charge to this level.
- Class A felony. Theft may be charged as a Class A felony if the value of the property exceeds $1,500. It can also reach this level if the property involved is a firearm or if a deadly weapon was involved in the commission of the offense.
Felony charges carry the potential for significant penalties, including prison time and substantial fines. The exact exposure depends on the classification of the offense and a person’s prior criminal history.
New Hampshire law allows enhanced penalties in certain situations. For example, if the alleged victim is over 65 or has a physical or mental disability, and the prosecution claims the defendant intended to take advantage of that vulnerability, the charge and potential sentence can increase significantly. In serious felony cases, enhanced sentencing provisions may substantially extend the possible prison term.
What kind of theft is a misdemeanor?
Under RSA 637:11, theft and attempted theft charges are graded based on the value of the property involved. If the value of the property is $1,000 or less, the charge is generally a misdemeanor.
Misdemeanor theft can be classified as either Class A or Class B, depending on the facts of the case. A Class A misdemeanor can carry up to one year in jail and fines, while a Class B misdemeanor does not include jail time but can still result in fines and a permanent criminal record.
Even a misdemeanor theft conviction can affect employment opportunities, professional licensing, and background checks. For many people, the long-term impact matters just as much as the immediate penalties.
How does prior criminal history affect theft charges?
A person’s criminal history can influence how a theft charge is classified and sentenced. Repeat offenses or theft involving aggravating circumstances can elevate a charge from a misdemeanor to a felony.
Prosecutors will also consider factors such as the type of property involved, whether there was an intent to resell stolen goods, and whether the alleged victim was particularly vulnerable.
Because these cases often turn on value and intent, small details can make a meaningful difference in how the charge is handled.
When should you contact a criminal defense attorney?
If you’ve been accused of stealing property, it’s important to take the charge seriously from the beginning. Theft allegations can escalate quickly, especially when the value of the property is disputed or prior convictions are involved. An attorney can review the evidence and figure out if the charge level is appropriate under the law.
The best chance of avoiding all of this is to have an experienced criminal defense attorney represent you. At Shaheen & Gordon, we take felony charges seriously, and we know the impact a conviction can have on your future. Call us today at (800) 451-1002 for a personalized consultation.
