Accused of Robbery in NH? Can You Beat These Serious Charges?

Understanding Robbery Charges in New Hampshire

Facing a robbery charge in New Hampshire is an exceptionally serious matter, carrying severe penalties that can permanently alter an individual's life. Unlike simple theft, robbery involves the critical element of force or threat, elevating it to a felony offense with significant consequences. For anyone accused of this crime, or seeking to understand its legal implications within the Granite State, grasping the nuances of New Hampshire law is paramount.

What is Robbery Under New Hampshire Law (RSA 636:1)?

New Hampshire's legal definition of robbery is outlined in RSA 636:1. At its core, robbery is not just about taking someone's property; it’s about how that property is taken. The law distinguishes robbery from mere theft by requiring the use or threatened use of force.

Specifically, a person is guilty of robbery if, in the course of committing a theft, they:

• 🗣️ Inflict bodily injury upon another; or
• 🚨 Threaten another with, or purposely put him in fear of immediate bodily injury; or
• 🔪 Commit or threaten to commit any felony against the person or property of another.

The phrase "in the course of committing a theft" is crucial. It means the force or threat can occur immediately before, during, or immediately after the taking of property, or even while escaping with the property. It doesn't have to be precisely simultaneous with the physical act of taking.

The Critical Elements of a Robbery Charge

To secure a conviction for robbery in New Hampshire, the prosecution must prove several key elements beyond a reasonable doubt:

1. 🎯 Theft: The defendant must have committed, or attempted to commit, a theft. This involves taking, obtaining, or exercising unauthorized control over the property of another, with the purpose to deprive the owner thereof.
2. 🚶 From the Person or Presence: The property must typically be taken from the person of the victim or within their immediate presence. This means the victim is aware of the theft and is in a position to resist or prevent it.
3. 💥 Use of Force or Threat: This is the defining element that elevates theft to robbery. The defendant must have either:
   • 👊 Inflicted Bodily Injury: Caused physical pain, illness, or any impairment of physical condition.
   • 😱 Threatened Immediate Bodily Injury: Made an explicit or implied threat that would put a reasonable person in fear of imminent harm. This doesn't require a weapon; a verbal threat or a menacing gesture can suffice.
   • 🚨 Committed or Threatened a Felony: The defendant committed or threatened to commit another felony against the person or property of another during the theft.

It's vital to understand that the level of force required for a robbery conviction can vary. Even a slight amount of force, used to overcome resistance or to prevent the victim from recovering the property, might be enough if it is applied against the person.

Aggravated Robbery: When Penalties Escalate

New Hampshire law also includes provisions for aggravated robbery, which carries even more severe penalties. Under RSA 636:1, II, a robbery becomes "aggravated" if, in the course of committing the robbery or in flight therefrom, the defendant:

• ⚔️ Is armed with a deadly weapon; or
• 🤕 Inflicts or attempts to inflict serious bodily injury on another; or
• 🤝 Is aided by one or more accomplices actually present.

The presence of any of these factors transforms a standard robbery into an aggravated offense, significantly increasing the potential prison sentence and fines. A "deadly weapon" isn't limited to firearms; it can include knives, clubs, or any object used in a manner capable of causing death or serious bodily injury.

Penalties for Robbery in New Hampshire

The consequences for a robbery conviction in New Hampshire are severe, reflecting the serious nature of the crime and its impact on victims and communities.

• ⚖️ Standard Robbery (Class B Felony): If convicted of basic robbery (without the aggravating factors), the defendant faces a Class B Felony. This can result in:
  • ➡️ Imprisonment: Up to 7 years in state prison.
  • ➡️ Fines: Up to $4,000.
• 🚫 Aggravated Robbery (Class A Felony): When aggravating factors are present, the charge becomes a Class A Felony, which is the most serious felony classification in New Hampshire. This can result in:
  • ➡️ Imprisonment: Up to 15 years in state prison.
  • ➡️ Fines: Up to $4,000.

Beyond incarceration and fines, a robbery conviction carries a host of collateral consequences:

• 📜 A permanent criminal record that can hinder future employment, housing, and educational opportunities.
• 🔑 Loss of civil rights, such as the right to vote or own firearms.
• 💸 Restitution: Defendants are often ordered to pay restitution to victims for any financial losses incurred due to the robbery, such as stolen cash, damaged property, or medical expenses for injuries. This is not "compensation" in the civil sense, but a court-ordered repayment as part of the criminal sentence. While specific amounts vary wildly based on losses, it's common for restitution to range from hundreds to thousands of dollars, or even more for significant property damage or medical costs.
• 📉 Significant damage to reputation and personal relationships.

Hypothetical Cases Reflecting NH Legal Principles

To illustrate the application of New Hampshire's robbery laws, consider these typical scenarios:

Hypothetical Case 1: The Struggling Snatch (Class B Robbery)

Scenario: Alex observes Brenda walking out of a coffee shop, talking on her phone, with her wallet protruding from her open purse. Alex quickly grabs the wallet. Brenda instinctively grabs back, and a brief struggle ensues over the wallet before Alex pulls it free and flees. No weapon was shown, and Brenda suffered only minor scrapes from the struggle.

Legal Analysis: Alex would likely be charged with Class B felony robbery. While no explicit threat was made, the "struggle" to take the wallet constitutes the "infliction of bodily injury" (the minor scrapes) or, at minimum, "purposely putting her in fear of immediate bodily injury" as he used force to overcome her resistance. This elevates the act beyond simple theft.

Hypothetical Case 2: The Convenience Store Holdup (Class A Robbery)

Scenario: Chris enters a convenience store late at night. He approaches the counter, pulling out a kitchen knife, and tells the clerk, "Give me all the money, or you'll regret it." The terrified clerk complies, handing over about $300 from the register. Chris then runs out.

Legal Analysis: Chris would face a Class A felony charge for aggravated robbery. The presence of the kitchen knife, used to threaten the clerk, qualifies as being "armed with a deadly weapon." The explicit threat of harm ("you'll regret it") combined with the weapon and the theft makes this an aggravated offense, carrying a much harsher potential sentence.

Hypothetical Case 3: The Accomplice Lookout (Class A Robbery)

Scenario: Dana and Emily conspire to rob a small electronics store. Dana enters the store, brandishes a fake firearm (which appears real to the clerk), and demands money and high-value electronics. Emily waits outside in a running car, acting as a lookout and getaway driver. After Dana takes the items, she quickly gets into Emily's car, and they speed away.

Legal Analysis: Both Dana and Emily would likely face Class A felony charges for aggravated robbery. Dana's use of a seemingly real firearm (even if fake, if it's perceived as real and used as a threat, it can qualify) would be an aggravating factor. Additionally, the fact that Dana "is aided by one or more accomplices actually present" (Emily, acting as a lookout and getaway driver nearby) makes it an aggravated offense for both parties involved, as they are both responsible for the full scope of the crime under accomplice liability principles.

Effective Defense Strategies Against Robbery Charges

Facing a robbery charge is daunting, but an experienced criminal defense attorney can explore various strategies to challenge the prosecution's case:

• 🚫 Lack of Force or Threat: Arguing that the incident was merely a theft, and the element of force or threat necessary for a robbery charge was not present. This might involve demonstrating that any physical contact was accidental, minimal, or not intended to overcome resistance.
• 🎭 Mistaken Identity: Eyewitness testimony can be unreliable. An attorney can challenge identification procedures, present alibi witnesses, or highlight discrepancies in descriptions.
• 🏠 Alibi: Presenting credible evidence that the defendant was somewhere else at the time the robbery occurred.
• 🧠 Lack of Intent: While the force aspect doesn't always require specific intent, the underlying "theft" component does. If it can be shown there was no intent to permanently deprive the owner of property, the theft element falls apart.
• 🤐 Duress: If the defendant was forced or coerced into participating in the robbery under threat of immediate serious harm to themselves or others.
• 🔍 Challenging Evidence: Scrutinizing all evidence, including police reports, surveillance footage, witness statements, and forensic evidence, for inconsistencies or procedural errors.
• 🤝 Plea Bargaining: In some cases, if the evidence against the defendant is strong, negotiating a plea bargain to a lesser charge (e.g., simple theft or a lower-grade felony) may be the most prudent strategy to mitigate severe penalties.

What to Do If Accused of Robbery in New Hampshire

If you find yourself accused of robbery, your actions immediately following the accusation or arrest are critically important:

1. 🗣️ Remain Silent: Do not discuss the incident with law enforcement without your attorney present. Anything you say can and will be used against you. Invoke your Fifth Amendment right to remain silent.
2. ⚖️ Request an Attorney Immediately: Clearly state that you wish to speak with an attorney and will not answer any questions without legal counsel. Do not waive this right.
3. ✋ Do Not Resist Arrest: Even if you believe the arrest is unlawful, do not physically resist. Resisting arrest can lead to additional charges and escalate the situation.
4. 🚫 Avoid Discussing Your Case: Do not talk about the case with friends, family, or fellow inmates. These conversations are not protected by attorney-client privilege and can be used as evidence against you.
5. 📜 Do Not Destroy Evidence: Tampering with or destroying evidence can lead to additional charges and severely harm your defense.
6. 📞 Contact a Qualified NH Criminal Defense Attorney: This is the most crucial step. An attorney experienced in New Hampshire criminal law can protect your rights, explain the charges, build a defense, and guide you through the complex legal process.

Victim Restitution and Compensation in NH

From a victim's perspective, in criminal robbery cases, restitution is a primary mechanism for financial recovery. New Hampshire courts routinely order convicted robbers to pay restitution to their victims for direct financial losses. This can include the value of stolen property, damage to property, and medical expenses resulting from injuries.

Beyond restitution, victims of violent crimes in New Hampshire may also be eligible for assistance through the New Hampshire Victims' Compensation Program. This program, administered by the Attorney General's Office, helps eligible victims of violent crime pay for certain crime-related expenses that are not covered by other sources, such as insurance. While not a direct "compensation" from the defendant in the form of a civil award, it can cover:

• 🏥 Medical and mental health counseling expenses.
• 💸 Lost wages.
• ⚰️ Funeral and burial expenses.
• 🏡 Crime scene cleanup.

The maximum award amount from the NH Victims' Compensation Program is currently $25,000. Eligibility requirements and specific covered expenses apply, so victims must apply and provide documentation.

Final Thoughts

Robbery charges in New Hampshire are among the most serious criminal allegations an individual can face. The potential for lengthy prison sentences, substantial fines, and long-term consequences demands an aggressive and informed legal defense. Whether you are directly accused or simply seeking to understand this aspect of criminal law, knowledge of New Hampshire's statutes and the legal process is vital. Your future depends on understanding your rights and acting decisively.

Disclaimer: This article provides general information about New Hampshire robbery law and is not legal advice. The information is for educational purposes only and should not be used as a substitute for consulting with a qualified attorney. Every case is unique, and past results do not guarantee future outcomes. If you are facing criminal charges, you should seek immediate legal counsel from an attorney licensed in New Hampshire.