No. The Definitions Section of the New Hampshire law has a very expansive definition of property: "anything of value," that is "property of another," and which does not have to be a thing, as it can be "tangible or intangible."
The Definitions Section of the New Hampshire law on theft casts a wide net so as to include property that the accused has a partial ownership in. Thus, if two people live together and bought a flat screen TV together, and then one moves out and takes it with her without the other's permission, that could potentially be charged as a theft.
First of all, to us, all criminal prosecutions are serious — a serious threat to our client's reputation, livelihood, and even their freedom — regardless of whether charged as a felony or misdemeanor, and regardless of whether our client says she is guilty or not guilty. That being said, we have handled many significant New Hampshire felony cases involving theft and/or embezzlement from private business and nonprofit organizations, including cases in New Hampshire Superior Courts, and in the United States District Court for NH (federal court).
New Hampshire law allows the police and prosecutor to aggregate - add together - the value of multiple items or things of value taken in a single "scheme or course of conduct." NH RSA 637:2,, V(a). This is true even if there are multiple victims — that is, if the property was taken from a number of different individuals or businesses. Whether a series of criminal acts falls within a single "scheme or course of conduct" will be determined based on the accused's mental intent, which is a question for the judge or jury deciding the case. State v. Sampson, 120 N.H. 251 (1980).
In New Hampshire, our laws don't use the terms "larceny," "embezzlement" and "false pretenses," but the theft laws cover all of those categories. For example, Massachusetts has many offenses that are designated as "larceny," which mirror similar offenses that we call "theft" in New Hampshire.
The most common winning defenses against restraining orders, based on our actual experience with clients and according to New Hampshire case decisions, are:
© 2018 Lothstein Guerriero, PLLC