Charged with Theft or Property Crime in Portsmouth? Learn How Our Defense Team Can Help
At the Law Office of Matthew W. Peterson, our theft defense attorney in Portsmouth understands how overwhelming it is to face a Theft or Property Crime charge in Portsmouth, New Hampshire. Whether you’ve been accused of shoplifting, burglary, trespassing, or any other property-related offense, the situation can have serious long-term consequences. Our legal team is made up of aggressive trial lawyers and includes a former prosecutor, giving us an informed and strategic approach to defending your rights at every stage.
We provide criminal defense services to individuals across Portsmouth and nearby areas. We take each case seriously, investigate every detail, and work hard to minimize or dismiss the charges you are facing. When your freedom and future are on the line, working with an experienced theft and property crimes defense attorney can make a difference.
What Counts as a Theft or Property Crime in New Hampshire?
Under New Hampshire law, theft and property crimes are governed by Title LXII of the New Hampshire Revised Statutes. These offenses typically involve the unauthorized taking, damaging, or use of someone else’s property. Here are some of the most common theft and property crimes we handle:
Shoplifting (Willful Concealment)
Shoplifting, legally known as willful concealment (RSA 637:3-a), occurs when someone intentionally conceals merchandise in a retail store without intending to pay for it. It applies whether the person leaves the store or not. Penalties vary based on the value of the items and prior convictions. It is commonly charged as a misdemeanor, but can become a felony for higher-value thefts or repeat offenses.
Burglary
Burglary (RSA 635:1) involves unlawfully entering a building or structure with the intent to commit a crime inside, whether or not the crime is completed. It does not require forced entry or theft—just the intent to commit any crime once inside. Burglary is typically charged as a Class B felony, but certain aggravating factors, like entering a dwelling at night, may elevate it to a Class A felony.
Trespassing
Criminal trespass is the unlawful entry (RSA 635:2) onto or remaining on someone else’s property without permission. This includes residential, commercial, and posted land. Depending on the circumstances—such as prior notice or entering a secured area—it may be treated as a violation, misdemeanor, or felony. Penalties increase for entering buildings or ignoring warnings to leave.
Possession of Burglary Tools
This charge applies to individuals found possessing tools commonly used to commit burglary or theft, such as crowbars, bolt cutters, or lock-picking devices (RSA 635:2). The prosecution must show the tools were intended to be used unlawfully. Merely having the tools isn’t enough; there must be evidence of criminal intent. This is typically charged as a misdemeanor.
Criminal Mischief
Criminal Mischief (RSA 634:2) involves intentionally damaging or destroying another person’s property. This includes acts like breaking windows, slashing tires, or defacing property. The charges and penalties depend on the amount of damage caused. Restitution is often ordered, in addition to fines and possible jail time.
Receiving Stolen Property
You may be charged with receiving stolen property (RSA 637:7) if you knowingly possess, receive, or dispose of property that you knew—or should have known—was stolen. The state does not need to prove you stole the item, only that you knew its origin. Charges depend on the property’s value. Convictions can result in fines, restitution, and incarceration.
Theft by Deception
This occurs when someone uses false statements, misleading information, or other deceptive means to gain control of someone else’s property or services (RSA 637:4). It includes actions like writing bad checks, lying about one’s identity, or promising to pay without intent to follow through. The charge level varies depending on the amount taken and the circumstances. Intent and knowledge are key elements in these cases.
Theft by Extortion
Theft by extortion (RSA 637:5) involves using threats—such as harm to person, property, or reputation—to unlawfully obtain money, property, or services. Threats can also include withholding action or exposing secrets unless demands are met. It is treated as a felony offense in New Hampshire. Courts take these cases seriously because of the coercive nature of the act.
Theft of Services
This charge involves obtaining services without paying for them, either by deception or unauthorized use (RSA 637:8). Examples include leaving a restaurant without paying, tampering with utility meters, or staying in a hotel room without paying. Like other theft offenses, penalties depend on the value of the services stolen. The intent to avoid payment is essential for a conviction.
Theft by Unauthorized Taking or Transfer
This is one of the most commonly charged theft offenses (RSA 637:3). It involves unlawfully taking or transferring another person’s property with the intent to permanently deprive them of it. This charge covers a wide range of conduct, including physical theft and digital theft, or fund transfers. Penalties vary depending on the value and nature of the property involved.
Each of these charges carries different levels of penalties, from fines to imprisonment. The classification—misdemeanor or felony—often depends on the value of the property involved or whether a person was harmed.
How the Law Office of Matthew W. Peterson Handles These Cases
Our firm is committed to offering straightforward and practical legal defense for individuals charged with theft and property crimes in Portsmouth. We start by carefully reviewing the facts of your case, the arrest process, and the specific charges filed against you.
As a firm that includes a former prosecutor, we understand how the other side builds its case. That gives us the insight needed to challenge weak evidence, raise strong defenses, and negotiate from a position of strength. Whether your case involves a misunderstanding, mistaken identity, or flawed investigation, we’ll help you understand your options and guide you toward the best possible outcome.
We never take a one-size-fits-all approach. Instead, we tailor our strategy to your unique situation, working to protect your record and limit the long-term impact on your life.
Possible Penalties for Theft and Property Crimes in Portsmouth
The penalties for theft and property crimes under New Hampshire law vary based on several factors, including the value of the property, whether force was involved, and whether the accused has a prior record.
For example:
- Theft involving property valued under $1,000 is usually a Class A misdemeanor (RSA 637:11).
- If the value exceeds $1,000 or involves firearms or repeat offenses, the crime may be charged as a Class B or Class A felony.
- Burglary, particularly when committed at night or when someone is present in the building, may result in a Class A felony.
- Criminal mischief that causes significant property damage could also lead to felony charges, depending on the cost of repairs or harm caused.
A conviction can lead not only to jail time but also to probation, community service, restitution to victims, and a permanent criminal record. These consequences can affect your ability to find work, housing, or maintain professional licenses.
Why Choose an Aggressive Criminal Defense Attorney for Your Theft Case
At the Law Office of Matthew W. Peterson, we don’t just understand the law—we know how to use it to your advantage. Our defense team focuses on protecting clients in Portsmouth, New Hampshire, who are facing theft and property-related charges.
We take pride in being accessible and clear with our clients. We explain the process step by step, answer your questions, and make sure you never feel left in the dark about what’s happening in your case. Our goal is to reduce or dismiss the charges against you whenever possible and to fight for the most favorable outcome.
Contact Us Now To Protect Your Future
If you’ve been charged with theft or property crimes in Portsmouth, New Hampshire, don’t wait to protect your future. At the Law Office of Matthew W. Peterson, we deliver personalized and experienced legal defense without gimmicks or empty promises. Whether your case involves shoplifting, burglary, trespassing, or another offense, we’re here to help you navigate the criminal justice system with confidence and clarity.
Contact us now to set up a strategy session. We’ll assess your case and help you take the next steps toward protecting your rights and your future.
Frequently Asked Questions
What should I do if I’m charged with shoplifting in Portsmouth?
Don’t admit guilt or try to explain your actions to store security or the police. Politely request to speak with a lawyer and call the Law Office of Matthew W. Peterson right away for help.
Can I be charged with burglary even if I didn’t steal anything?
Yes. In New Hampshire, burglary involves entering a building with the intent to commit any crime inside, not just theft. You can be charged even if nothing was taken.
What happens if I’m caught with stolen property but didn’t know it was stolen?
If you truly didn’t know the property was stolen, that could serve as a defense. However, the prosecution may try to show you “should have known.” Your attorney will help you challenge that claim.
Will a theft charge stay on my record permanently?
If convicted, yes, it will appear on your record. In some cases, expungement may be possible later. Preventing a conviction in the first place is often the best approach.
How serious is criminal mischief in New Hampshire?
It can range from a misdemeanor to a felony, depending on the extent of the property damage. Even minor vandalism may lead to legal consequences, so it’s important to take it seriously.