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rvlaw
rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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I live in new hampshire and my car was damaged by a ...

Resolved Question:

I live in new hampshire and my car was damaged by a person. Is it a felony?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  rvlaw replied 6 years ago.

Hi,

How did he damage it? In an accident? With a car? Something else?

Rich

Customer: replied 6 years ago.
Reply to rvlaw's Post: Scratch the side with a key
Customer: replied 6 years ago.
He scratchedthe side with a key or something
Expert:  rvlaw replied 6 years ago.

Here is the statute:

Section 634:2

634:2 Criminal Mischief. -
I. A person is guilty of criminal mischief who, having no right to do so nor any reasonable basis for belief of having such a right, purposely or recklessly damages property of another.
II. Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:
(a) Pecuniary loss in excess of $1,000; or
(b) A substantial interruption or impairment of public communication, transportation, supply of water, gas or power or other public service; or
(c) Discharge of a firearm at an occupied structure, as defined in RSA 635:1, III; or
(d) Damage to private or public property, real or personal, when the actor knows that the property has historical, cultural, or sentimental value that cannot be restored by repair or replacement.
II-a. Criminal mischief is a class A misdemeanor if the actor purposely causes or attempts to cause pecuniary loss in excess of $100 and not more than $1,000.
III. All other criminal mischief is a misdemeanor.
IV. As used in this section, ""property'' has the same meaning as in RSA 637:2, I; ""property of another'' has the same meaning as in RSA 637:2, IV.
V. For purposes of determining pecuniary loss under subparagraph II(a), amounts involved in acts committed pursuant to one scheme or course of conduct participated in by the actor may be aggregated in determining the grade of the offense.
VI. Any person who is found guilty of criminal mischief under paragraph III of this section because he has vandalized, defaced, or destroyed any part of the ""Old Man of the Mountain'' shall, notwithstanding RSA 651:2, be fined $1,000 and shall also make restitution to the state for any damage he has caused.
VII. If the court determines that a motor vehicle was used to abet the commission of the act constituting criminal mischief, the court may suspend, for a period not to exceed 90 days, the driver's license of a person who is convicted of criminal mischief, or the driver's licenses of persons who are convicted of criminal mischief.
VIII. Any person who is found guilty of criminal mischief under this section because the person has purposely or recklessly damaged an emergency vehicle, emergency apparatus, or private vehicle containing emergency equipment, shall be liable for full restitution to the injured party.
IX. Any person who is found guilty of criminal mischief under this section because such person is a tenant, or a guest of such tenant, in a rental dwelling who has destroyed, disconnected, or otherwise rendered inoperable any smoke detector in the rental dwelling, or who has attempted the same in a rental dwelling, shall be guilty of a misdemeanor.

Customer: replied 6 years ago.
Reply to rvlaw's Post: If the police have evidence that this crime was committed would they charge the individual of conduct an investigation?
Expert:  rvlaw replied 6 years ago.

They would conduct an investigation to determine who committed the crime to make sure they have probable cause for the arrest...fingerprint evidence...a witness..something.

Rich

rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience: Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
rvlaw and 4 other Criminal Law Specialists are ready to help you

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