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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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can someone in new hampshire who is married be charged with

Resolved Question:

can someone in new hampshire who is married be charged with criminal mischief for destroying his wifes things in their dwelling? wouldn't the property be shared property since they are married. new hampshire law says that criminal mischief is damaging property of another.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

Yes, a person can be criminally charged for the destruction of property which is owned, or co-owned with a spouse.

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Customer: replied 5 years ago.
can the actor be charged with criminal mischief if the plaintiff is unable to prove ownership of the property
Expert:  JB Umphrey replied 5 years ago.
Proof of ownership can be established by testimony. It does not require paper documentation.
Customer: replied 5 years ago.

NH RSA 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.

would a defendant believing that said property was co owned and thus believed he/she had such right to damage the property be guilty of this offense?
Expert:  JB Umphrey replied 5 years ago.
Yes, because the defendant did not have exclusive ownership over the property.
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