Facing Burglary in New Hampshire? What Penalties Could You Receive?

Understanding Burglary Charges in New Hampshire

Facing a burglary charge in New Hampshire is a serious matter with potentially life-altering consequences. This article aims to break down what burglary means under New Hampshire law, the severe penalties you could face, and the critical steps you should take if you or someone you know is accused of this crime. Our focus is on providing clear, actionable legal insight for those navigating the complexities of the New Hampshire criminal justice system.

What is Burglary in New Hampshire? (RSA 635:1)

In New Hampshire, burglary is not simply about stealing. It's fundamentally about unauthorized entry into a structure with a specific intent. According to New Hampshire Revised Statutes Annotated (RSA) 635:1, a person is guilty of burglary if:

• 🚪 They enter a building or occupied structure, or a separately secured or occupied portion thereof,
• 💡 Knowing they are not licensed or privileged to do so, and
• ⚖️ They do so with the intent to commit a crime therein.

Let's unpack these elements because each one is crucial for the prosecution to prove beyond a reasonable doubt.

The Critical Element: Intent

The "intent to commit a crime therein" is what elevates mere trespass to burglary. This intent must exist at the moment of entry. It doesn't matter if the intended crime (e.g., theft, assault, vandalism) was actually committed. The mere intent to commit it upon unlawful entry is sufficient. For example, if you break into a house intending to steal a TV, but get spooked and leave empty-handed, you can still be charged with burglary because the intent existed at entry.

What Constitutes a "Building or Occupied Structure"?

New Hampshire law broadly defines this to include any place adapted for overnight accommodation, or for carrying on business, or for the use of the public, or for the storage of goods. This can include houses, apartments, shops, offices, warehouses, and even sheds or garages. "Occupied" doesn't necessarily mean someone is present at the time of entry; it refers to the typical use of the structure.

Burglary vs. Other Crimes: Key Distinctions

It's important to understand how burglary differs from other related offenses:

• 🚶 Trespass (RSA 635:2): Entering or remaining in a place where notice against trespass is given. This typically lacks the "intent to commit a crime" element and is a misdemeanor, not a felony.
• 💰 Theft (RSA 637:3): Unlawfully taking property of another with the intent to deprive them of it. Theft is about the act of taking, while burglary is about the act of unlawfully entering with intent. You can commit theft without committing burglary (e.g., shoplifting), and you can commit burglary without successfully committing theft (as discussed above).

Aggravated Burglary: When the Stakes Get Higher (RSA 635:1, II)

While basic burglary is a serious felony, certain aggravating factors can elevate the charge to Aggravated Burglary, a Class A Felony. These factors significantly increase the potential penalties. Burglary becomes aggravated if, in the course of committing the crime:

1. 🔪 The person is armed with a deadly weapon.
2. 🤕 The person purposely, knowingly, or recklessly inflicts bodily injury or threatens to inflict bodily injury.
3. 🏡 The crime is committed in the nighttime in an occupied structure, and the defendant has a prior conviction for burglary or has been previously convicted of any felony.

The presence of any of these factors transforms a Class B Felony into a Class A Felony, carrying much harsher consequences.

Penalties for Burglary in New Hampshire

New Hampshire categorizes felonies into classes, each carrying a range of potential sentences. Burglary is a felony, meaning it can result in significant prison time and substantial fines.

• 🚨 Burglary (Standard): This is a Class B Felony.
  • Jail/Prison Sentence: Up to 3 ½ to 7 years in state prison.
  • Fines: Up to $4,000.
• 🔥 Aggravated Burglary: This is a Class A Felony.
  • Jail/Prison Sentence: Up to 7 ½ to 15 years in state prison.
  • Fines: Up to $4,000.

In addition to these statutory maximums, judges have discretion to impose minimum sentences and other conditions, such as probation, restitution to the victim, and mandatory counseling programs.

Beyond Incarceration: The Far-Reaching Consequences

A felony conviction for burglary extends far beyond immediate legal penalties. The collateral consequences can impact nearly every aspect of your life:

• 🚫 Permanent Criminal Record: A felony conviction is a permanent mark that can be easily accessed by employers, landlords, and licensing boards.
• 💼 Employment Difficulties: Many professions require background checks, and a felony conviction can make it extremely difficult to secure or maintain employment.
• 🏠 Housing Challenges: Landlords often conduct background checks, and a felony record can lead to denial of rental applications.
• 🔫 Loss of Firearms Rights: Under both state and federal law, a felony conviction generally results in the permanent loss of the right to own or possess firearms.
• 🗳️ Voting Rights (in some cases): While New Hampshire restores voting rights upon release from prison, a felony conviction can still impact civic participation.
• 🌍 Travel Restrictions: Some countries may deny entry to individuals with felony convictions.
• 👨‍👩‍👧‍👦 Family Law Implications: A felony conviction can impact child custody or visitation proceedings.

Hypothetical Cases: Understanding Burglary in Action

Let's look at some scenarios typical in New Hampshire to illustrate how burglary charges might play out.

Case 1: The Opportunistic Shed Break-in (Class B Burglary)

Scenario: John, struggling financially, notices a shed behind his neighbor's house with an unlocked door. He knows the neighbor is away on vacation. John enters the shed intending to steal a lawnmower to sell for cash. He gets inside, but realizes the lawnmower is too heavy to move alone. He leaves without taking anything.

Legal Outcome: John could still be charged with Class B felony burglary. He entered a "building or occupied structure" (the shed) without privilege, and critically, he did so with the "intent to commit a crime therein" (theft of the lawnmower). The fact that he didn't succeed in taking the item is irrelevant to the burglary charge itself.

Case 2: The Confrontational Home Invasion (Aggravated Burglary, Class A)

Scenario: Mark decides to break into a home he believes is empty. He uses a crowbar to force open a back door at 11 PM. Unbeknownst to him, the homeowner, Sarah, is awake and hears the commotion. Mark enters the house, sees Sarah, and in a panic, shoves her aside to escape. Sarah suffers a minor bruise.

Legal Outcome: Mark would likely face Aggravated Burglary charges, a Class A felony. He entered an occupied structure at nighttime (an aggravating factor if he had a prior felony or burglary conviction), and he "recklessly inflicted bodily injury" by shoving Sarah. The presence of the crowbar could also be considered being "armed with a deadly weapon" if used as such, further enhancing the charge. This scenario carries severe prison time.

Case 3: The Frustrated Attempt (Attempted Burglary)

Scenario: Emily is trying to break into a vacant commercial building to steal copper piping. She uses a screwdriver to pry open a window, but a security guard on patrol spots her before she can fully open the window or enter the building. Emily is apprehended immediately.

Legal Outcome: Emily would likely be charged with Attempted Burglary. Under New Hampshire law (RSA 629:1), an attempt to commit a felony is also a felony. While she didn't fully "enter" the structure, her actions (prying the window) clearly demonstrated a substantial step towards committing burglary with the intent to steal. The penalties for attempted burglary are generally the same as for the completed crime.

Defending Against Burglary Charges: Your Legal Options

If you're facing burglary charges, an experienced New Hampshire criminal defense attorney can explore various defense strategies tailored to your specific case. Some common defenses include:

• 🚫 Lack of Intent: This is often the strongest defense. If the prosecution cannot prove beyond a reasonable doubt that you intended to commit a crime at the moment of entry, the burglary charge may fail. You might have committed trespass, but not burglary.
• 🤷‍♀️ Mistaken Identity/Alibi: If you can prove you were not the person who committed the crime, or were elsewhere at the time, this can lead to an acquittal.
• 🤝 Consent to Enter: If you had permission or were licensed or privileged to enter the building, then a key element of burglary is absent. This could apply, for example, if you were a former tenant with a key, or an invited guest who overstayed.
• coerced to commit the act.
• ⚖️ Constitutional Violations: If evidence against you was obtained through an illegal search or seizure, or if your rights were violated during arrest or interrogation, that evidence might be suppressed, potentially weakening the prosecution's case significantly.
• 🚨 Duress: If you can show you were forced or

What to Do If You're Accused of Burglary in New Hampshire

The immediate aftermath of an accusation or arrest is critical. Your actions (or inactions) can profoundly affect the outcome of your case. Here are the essential steps:

1. 🤫 Remain Silent: You have the right to remain silent. Exercise it. Do not answer questions from police beyond identifying yourself. Anything you say can and will be used against you.
2. 🛑 Do Not Resist Arrest: Even if you believe your arrest is wrongful, do not physically resist. Resisting arrest can lead to additional charges.
3. 📞 Contact an Attorney Immediately: This is the single most important step. Do not speak to police, prosecutors, or investigators without your lawyer present. An experienced criminal defense attorney in New Hampshire can advise you on your rights, analyze the evidence, and begin building your defense.
4. 🚫 Do Not Destroy Evidence: Tampering with or destroying evidence can lead to new, serious charges.
5. 📝 Document Everything: If you can, make notes about what happened, who was involved, and anything you remember about the arrest or interaction with law enforcement.

Common Mistakes That Can Jeopardize Your Defense

Defendants often inadvertently harm their own cases by making common mistakes:

• 🗣️ Talking to Police Without Legal Counsel: Many believe they can talk their way out of trouble. This rarely works and often provides the prosecution with damaging statements.
• 🗑️ Attempting to Hide or Destroy Evidence: This is a separate crime and severely damages your credibility.
• 🚫 Failing to Understand the Charges: Burglary charges are complex. Without legal guidance, it's easy to misunderstand the specific allegations against you and how to address them.
• ⏰ Delaying Legal Consultation: Evidence can be lost, and memories fade. The sooner your attorney can investigate, the better.

Victim Restitution: The Financial Aspect for the Accused

While burglary is a crime, not an award-generating event for the accused, victims of burglary in New Hampshire are entitled to seek restitution for losses suffered. This means that if convicted, you may be ordered by the court to pay back the victim for:

• 💰 The value of stolen property.
• 🔨 Costs of repairing damaged property (e.g., broken windows, doors).
• 🚑 Medical expenses if bodily injury occurred.
• 🔑 Other related financial losses directly resulting from the burglary.

These restitution orders are separate from fines and can range from hundreds to thousands of dollars, depending on the extent of the damage and losses. In addition, the accused will face their own legal fees, which can range from a few thousand dollars for a simpler case to tens of thousands or more for complex felony trials.

Navigating Deadlines and Legal Processes

The New Hampshire criminal justice system operates on strict timelines. Missing deadlines can have severe consequences for your defense. Your attorney will guide you through crucial stages, including:

1. 🏛️ Arraignment: Your first court appearance where you hear the charges and enter a plea.
2. 🔍 Discovery: The process where both sides exchange information and evidence.
3. 📝 Motion Filing: Your attorney may file motions to suppress evidence, dismiss charges, or for other strategic purposes.
4. 🤝 Plea Bargaining: Negotiations with the prosecutor for a potentially reduced charge or sentence.
5. 👨‍⚖️ Trial: If no plea agreement is reached, your case will proceed to trial.

Each of these stages has deadlines, emphasizing why immediate legal representation is vital.

Choosing the Right Legal Representation

Given the serious nature of burglary charges in New Hampshire, selecting an experienced criminal defense attorney is paramount. Look for someone with a proven track record in:

• ⚖️ New Hampshire criminal law.
• 🧑‍⚖️ Felony defense.
• 🗣️ Negotiation with prosecutors.
• 🏛️ Trial experience in state courts.

A skilled attorney can meticulously review the evidence, challenge the prosecution's case, negotiate with prosecutors, and represent you vigorously in court, aiming to achieve the best possible outcome for your situation.

If you are facing burglary charges in New Hampshire, the time to act is now. The complexities of the law, the severe penalties, and the far-reaching consequences demand immediate and professional legal intervention.

Disclaimer: This article provides general information about New Hampshire criminal law and is not intended as legal advice. Laws can change, and every case is unique. If you are facing criminal charges, you should consult with a qualified attorney immediately for advice tailored to your specific situation.