I. A person commits theft when he receives property from an employee or personal services from an employee, when he accepts or makes a specific payment or other disposition to a third party on the basis of a known legal obligation, whether from such property or their proceeds or from his own property, to be reserved for an equivalent or agreed amount, if he intentionally or recklessly fails to make the required payment or disposition and treats the property acquired or retained as his property. All theft proceedings, with the exception of the above category of “unauthorized use,” require the state to prove beyond a doubt that the defendant had a specific intellectual intent to steal from the owner of the property. Therefore, the most common defense in theft cases is that the defendant did not have this specific mental intention. For example, we have defended many customers accused of receiving stolen goods by invoking the defence that the customer did not know that the item purchased from a friend or received as a gift had been stolen. As another example, in a recent case of embezzlement, we successfully argued that the defendant, an accountant of the store, had in fact obtained permission to purchase certain items in the company`s account for herself (when there was a dispute between the business owners, one of them took advantage of the situation by going to the police). I. A person commits theft when he receives, retains or disposes of someone else`s property even if he knows that it has been stolen or believes that it has probably been stolen, for the purpose of depriving the owner. (c) The actor is armed with a lethal weapon at the time of the robbery, except that if the lethal weapon is a firearm, he will be convicted under RSA 651:2, II-g. Call a thief attorney in New Hampshire at the Anzalone Law Firm at 603.
548.3797. With a free consultation, you will learn more about your legal situation and the options available to you. Robbery is always a crime. The use or threat of use of a weapon in a robbery, particularly firearms, often results in mandatory or heavier penalties. (a) amounts related to theft committed under a scheme or practice, whether from the same person or from several persons, may be aggregated to determine the degree of offence; (c) The theft constitutes a violation of RSA 637:5, II(a) or (b) or (e) the property is stolen with intent to resell or distribute it. This would be prima facie evidence that the offence constitutes theft with intent to resell or disseminate if the theft consists of goods or goods in quantities not normally purchased for personal use or consumption, or Although robbery is a type of theft, it is classified separately in article 636 of the Criminal Code. Robbery involves the use of physical force against a victim or threatening a victim with physical force to commit robbery. This is a Class B crime, but it can become a Class A crime if a deadly weapon was used or if the victim suffered death or serious injury. If you face theft by deception or any other charge related to theft in New Hampshire, please contact criminal defense attorney Micheal Anzalone.
Its goal is to make sure you cover all angles as you prepare to appear before a judge or jury. His main goal is to put this terrible crime behind you and help you move forward in your life. Chapter 637 of the New Hampshire Penal Code establishes a number of different theft offenses. Click on any element to see the actual text of the law. However, the value of the property is not always the deciding factor. For example, a third theft or a crime related to theft is automatically a crime, regardless of the value of the stolen item. This means that a person who has already been convicted twice for theft and accused of stealing a candy bar can be charged with a crime. A person is guilty of a Class B felony and a Class A felony for a second or subsequent offence if he or she conspired with one or more persons to profitably participate in a robbery plan or operation as defined in RSA 637:3-a, II or RSA 637:10-b. A conviction under this section shall not be confused with a conviction for an offence that is the subject of the conspiracy.
New Hampshire state laws define theft by deception as a crime that occurs when someone takes control of someone else`s property through fraudulent practices or tricks. Deception can involve someone misrepresenting themselves or not correcting a false impression. I. A person commits theft when he acquires or exercises unauthorized control over the property of others in order to deprive them of it. According to FBI crime data, theft and theft are the most frequently reported crimes in the states of New Hampshire. Under Chapter 637 of the New Hampshire Penal Code, there are a number of theft offenses for which a person can be charged. If you are charged with any of these crimes in New Hampshire, contact a criminal defense attorney immediately to learn more about your defense options.