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On July 1, 2010 important legal changes took effect that change the classification of certain theft charges. The most significant of these is the monetary amounts used to trigger felony charges. Prior to July 1, 2010, every theft alleging a total value of goods over $500 triggered a felony charge. After the July changes to the law, a theft, wilful concealment or shoplifting charge is a misdemeanor if a first offense and if the value of the goods is less than $1000.00. If the value of the goods is greater than $1,000.00 but less than $1500.00, the charge may be brought as a Class B Felony. If the alleged value of the goods is greater than $1500.00, the charge can be brought as a Class A felony.
Below is the new law:
CHAPTER 637 Theft
RSA 637:11 (2010)( Effective July 1, 2010).
637:11 Penalties.
I. Theft constitutes a class A felony if:
(a) The value of the property or services exceeds $1,500, or
(b) The property stolen is a firearm, or
(c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
II. Theft constitutes a class B felony if:
(a) The value of the property or services is more than $1,000 but not more than $1,500, or
(b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or
(c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or
(d) The property or services stolen are from 3 separate business establishments within a 72-hour period, or
(e) The property is stolen with intent to resell or distribute. It would be prima facie evidence that the offense constitutes theft with intent to resell or distribute when the theft consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or
(f) The property received in violation of RSA 637:7 consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or
(g) The actor has twice before been convicted of offenses under RSA :3-a, II and the present and prior convictions were based on offenses committed within a 36-month period.
III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $1,000.
For questions concerning any New Hampshire theft, willful concealment or shoplifting charges please feel free to call the Law Offices of Mark Stevens at 1-603-893-0074 for a free case consultation.
Have a safe weekend,
Mark Stevens
Visit: ByeByeDwi.com
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