Nashua Criminal Defense Attorneys
50+ Years of Trial Experience Providing Personalized Representation
If you have been charged with a crime, you may be juggling emotions of confusion, distress, and hopelessness. However, rest assured that an experienced criminal defense attorney can help you through your time of need, especially if you are facing trial. The attorneys at Fricano&Weber P.L.L.C. have been working with clients for over 50 years and aim to provide them with the personalized service they need to combat their unique charges. With years of former prosecution experience and a strong respect among the Nashua judge and court system, we can help you build a strong case against your accusers, whether you have been charged with DWI, theft, or computer crimes.
Driving While Intoxicated in New Hampshire
New Hampshire law states that it is illegal to drive or attempt to drive while under the following conditions:
- with a blood alcohol content (BAC) of .08% or greater (.04% for commercial drivers of .02% for drivers under the age of 21); or
- under the influence of any substance impairing their ability to drive (e.g., alcohol, prescription drugs, controlled substances, over-the-counter drugs).
The penalties for a standard DWI conviction include the following, depending on the severity of the offense and the number of prior convictions:
- 1st offense – $500-$1,200 in fines, 9 months to 2 years of license suspension
- 2nd offense – 17 days to 1 year in jail; $750 to $2,000 in fines; 3 years of license suspension
- 3rd offense – 180 days to 1 year in jail; $750-$2,000 in fines; lifetime license revocation
In severe cases, a DWI charge can increase to an aggravated DWI if the driver:
- was speeding 30 miles per hour or more over the posted limit;
- caused a collision resulting in serious bodily injury;
- attempted to elude law enforcement;
- had a passenger under 16 years old; or
- had a BAC of .16% or more.
An aggravated DWI as above is a Class A misdemeanor punishable by 5 days to 1 year in jail and a $750-$2,000 fine. If the offense involved serious bodily injury, the charge will increase to a Class B felony with up to 7 years in jail and $1,000-$4,000 in fines. The offender’s driver’s license will also be suspended for 18 months to 2 years.
Be aware that New Hampshire implements implied consent laws, which require drivers to submit to lawful chemical tests. Anyone who unlawfully refuses a chemical test in violation of these implied consent laws will have their license suspended for 180 days or 2 years if the driver has any prior DWI convictions or test refusals. Learn more about additional DWI laws in New Hampshire at our DWI/DUI page.
Theft is another significant crime penalized under New Hampshire law. Under the state’s theft statutes, there are several classifications of theft offenses:
- Theft by authorized taking – taking someone else’s property without permission
- Theft by deception – using lies or trickery to take someone else’s property without permission
- Theft by extortion – obtaining someone else’s property by threatening to harm their health, safety, business, career, reputation, or personal relationships
- Theft of lost property – keeping someone else’s property that was lost or delivered to the wrong recipient
- Receiving stolen property – receiving, keeping, or throwing away someone else’s property
- Theft of services – getting services that require compensation but refusing to pay for them
- Misapplication of property – receiving someone else’s property for the purpose of making a specified payment or other disposition to a third party but instead keeping it for oneself
The above theft crimes will be classified as misdemeanor or felony theft, depending on the dollar value or type of property or services involved in the offense. Misdemeanor theft refers to theft of property or services valued less than $1,000 and is charged as either a Class A misdemeanor (up to 1 year in jail and a $2,000 fines) or Class B misdemeanor (no jail time and up to $1,200 fines). On the other hand, felony theft refers to theft the property or services worth more than $1,000, which is a Class B felony punishable by up to 7 years in prison and up to $4,000 in fines, or theft worth more than $1,500, which is a Class A felony punishable by up to 15 years in prison and $4,000 in fines.
Note that New Hampshire also implements separate laws for shoplifting offenses, which can be penalized at the civil and criminal level. Visit our page on Theft and Fraud Crimes to learn more.
Computer and Internet Crimes
With the growing prevalence of technology use for personal and employment purposes, the digital space is also becoming a core environment for criminal accusations. New Hampshire law considers the following to be illegal computer crimes:
- unauthorized access to a computer or network;
- theft of computer services;
- interruption of computer services;
- misuse of compute or computer network information;
- destruction of computer equipment; and
- computer contamination.
However, attempts to commit computer crimes are not considered offenses, and accidental access of secured networks or computers is technically not a crime, either.
The penalties and sentencing for computer and Internet crimes depend on the value of damages involved. For instance, a person will face misdemeanor charges if the value of the property or computer services is $1,000 or less. On the other hand, they could face Class B felony charges for damage valued at $1,000-$1,500 or Class A felony charges if the damage is worth more than $1,500. If the value of the property or computer services cannot be determined, New Hampshire law will consider the value to be $500.
Contact Fricano&Weber P.L.L.C. Today
If you have been charged with a crime in Nashua, New Hampshire, contact an experienced criminal defense lawyer immediately. Sometimes, even the smallest detail can make the difference between a misdemeanor and a felony. Fricano&Weber P.L.L.C. has been defending clients for over 50 years and even has former prosecution experience. As a result, we have the professional knowledge to build a strong defense in anticipation of what the prosecution might bring against you. Whether you face DWI, theft, or computer crime accusations, Fricano&Weber P.L.L.C. can help you prepare for trial and champion your defense.