Facing Theft or Property Crime Charges in Salem? Here's How We Can Help
If you’ve been accused of theft or property crime in Salem, New Hampshire, you’re likely feeling overwhelmed and uncertain about what comes next. Whether you’re facing a misdemeanor shoplifting charge or a more serious felony theft offense, having the right legal theft defense attorney in Salem can significantly impact the outcome of your case.
At the Law Office of Matthew W. Peterson, we provide experienced, results-focused representation to individuals charged with theft and property crimes throughout Salem and surrounding areas. Our firm includes a former prosecutor and a team of aggressive criminal defense attorneys who understand the criminal justice system from both sides. We take your case seriously, and we’re committed to protecting your rights and reputation every step of the way.
Understanding Theft and Property Crime Charges in New Hampshire
Under New Hampshire law, theft and property crimes are covered primarily in Chapter 637 of Title LXII of the New Hampshire Revised Statutes Annotated (RSA). These offenses can range in severity from violations and misdemeanors to felonies, depending on the value of the property, intent, and other circumstances.
Some of the most common charges we handle in Salem include:
Shoplifting / Willful Concealment
Shoplifting, also known as willful concealment (RSA 637:3-a), occurs when a person hides merchandise in a retail store with the intent to steal it. You don’t have to leave the store to be charged—concealing an item alone can be enough if intent is proven. Penalties vary depending on the value of the merchandise and whether the person has prior offenses. This offense is often charged as a misdemeanor, but it can escalate to a felony for repeat violations.
Burglary
Burglary (RSA 635:1) involves unlawfully entering a building or occupied structure with the intent to commit a crime inside. The crime does not have to be theft—it could be any felony, including assault or vandalism. Burglary is a felony, and penalties increase if it happens at night or involves weapons. The law treats home invasions especially seriously.
Trespassing
Criminal trespass (RSA 635:2) is entering or remaining on property without legal authority or permission. This can include private homes, businesses, or land with posted signs or verbal warnings. Penalties depend on the location and whether the person was given clear notice to stay away. Some cases may be treated as violations, while others rise to the level of misdemeanors.
Possession of Burglary Tools
The Possession of Burglary Tools (RSA 635:1, II), this charge applies when someone is found with tools typically used for committing burglaries, like crowbars, lock-picks, or bolt cutters. The key element is the intent to use those tools unlawfully. Merely possessing the tools is not a crime unless it can be shown that they were meant to be used in a burglary. It is typically charged as a felony.
Criminal Mischief
Criminal mischief (RSA 634:2) involves intentionally or recklessly damaging the property of another. Common examples include graffiti, broken windows, or damaged vehicles. The severity of the charge depends on the value of the damage or whether critical infrastructure is involved. Charges may range from misdemeanors to felonies.
Receiving Stolen Property
A person can be charged with receiving stolen property (RSA 637:7) if they knowingly possess, receive, or help conceal property that was obtained through theft. The law requires knowledge or belief that the property was stolen. It is not necessary to have committed the theft to be charged. The charge level depends on the value of the property.
Theft by Deception
This offense occurs when a person obtains another’s property by intentionally misrepresenting facts or using false pretenses (RSA 637:4). Examples include lying about a service, faking a business deal, or giving false information to obtain money. The intent to defraud is a key part of this charge. The penalty is based on the value of what was taken.
Theft by Extortion
A person commits theft by extortion (RSA 637:5) when they obtain property or services by using threats. This includes threats of physical harm, exposure of secrets, or damaging someone’s reputation. Extortion is a serious felony offense in New Hampshire. The law treats threats and coercion in these cases very harshly.
Theft of Services
This involves using or benefiting from services—like electricity, transportation, labor, or hospitality—without paying for them or intending to avoid payment (RSA 637:8). Examples include skipping out on a restaurant bill or tapping into someone else’s utilities. It can also include altering meters or using fake credentials. Charges range in severity based on the value of the services provided.
Theft by Unauthorized Taking or Transfer
This is New Hampshire’s general theft statute. It covers any situation where someone takes, moves, or uses someone else’s property without permission and with the intent to deprive the owner of it (RSA 637:3). The value of the property determines whether the charge is a misdemeanor or felony. This statute is often used in basic theft cases and shoplifting beyond willful concealment.
Each charge carries different potential consequences—from fines and restitution to jail or prison time—and can have lasting effects on your employment, housing, and future.
Why Choose the Law Office of Matthew W. Peterson?
Choosing the right defense attorney is one of the most important decisions you’ll make when facing theft or property crime charges in Salem. At the Law Office of Matthew W. Peterson, we bring a focused and determined approach to every case we handle.
Our legal team combines thorough preparation with practical courtroom strategies to help clients achieve the best possible outcome. We take the time to understand your situation, explain your options clearly, and build a defense tailored to your unique circumstances. From start to finish, we are committed to providing knowledgeable, responsive, and results-driven representation.
What Are the Possible Penalties for Theft and Property Crimes in Salem?
Penalties depend on the classification of the offense and the value of the stolen or damaged property. For example:
- Property valued under $1,000 is typically a Class A misdemeanor (up to one year in jail and a $2,000 fine).
- Property valued between $1,000 and $1,500 may result in a Class B felony.
- Property valued above $1,500 could lead to a Class A felony, with more severe penalties, including possible state prison time.
Other consequences may include:
- Restitution to the victim
- Probation
- Criminal record, affecting future employment and housing
- Community service
- Court-ordered counseling or classes
Having a skilled theft and property crimes defense attorney in Salem can help reduce or even dismiss these penalties, depending on the circumstances.
How We Build a Strong Defense in Theft and Property Crime Cases
Every theft or property crime case is different, and your defense strategy will depend on the facts, evidence, and goals. Common defenses we explore include:
- Lack of intent
- Mistaken identity
- Ownership or claim of right to the property
- Improper police conduct or illegal search
- Inadmissible or insufficient evidence
We carefully review police reports, surveillance footage, witness statements, and other evidence to determine the best path forward. Sometimes, resolving the case through negotiation or diversion is appropriate. Other times, taking the case to trial is necessary. Either way, we’ll be with you every step of the way.
Contact Us to Set Up a Strategy Session
If you’re facing a theft or property crime charge in Salem or anywhere in Rockingham County, don’t wait to protect your future. At the Law Office of Matthew W. Peterson, we’re ready to provide clear answers and strong legal representation. Contact us now to set up a strategy session and discuss your options.
Frequently Asked Questions
What should I do if I’ve been accused of shoplifting in Salem, NH?
Stay calm and avoid making any statements to store personnel or law enforcement. Contact a theft and property crimes defense attorney as soon as possible to understand your rights and possible defenses.
Is trespassing considered a serious crime in New Hampshire?
Yes. Depending on the location (such as a home or government building) and intent, trespassing can be charged as a misdemeanor or felony under RSA 635.
Can I go to jail for receiving stolen property?
Yes. If the value of the property is high or if there are prior convictions, you could face jail time or even prison, especially if it’s classified as a felony under RSA 637:7.
What happens if I’m charged with criminal mischief?
Penalties vary based on the damage amount. It could be a misdemeanor or felony. A criminal defense attorney can help assess whether restitution or alternative sentencing options might apply.
How does the court determine the value of stolen property?
The court typically uses the market value at the time of the theft. This is crucial in determining whether the charge is a misdemeanor or felony under RSA 637.