New Hampshire Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in New Hampshire: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in New Hampshire, consult a licensed New Hampshire criminal defense attorney.

New Hampshire Burglary Penalties

OffensePenalty
First OffenseClass B felony: up to 7 years prison
Second OffenseClass A felony: up to 15 years prison

RSA 635:1; burglary of occupied structure at night is Class A felony

Burglary Statute of Limitations in New Hampshire

In New Hampshire, the statute of limitations for theft and property crimes is generally 6 years.

See all New Hampshire statutes of limitations →

Defending Against Burglary Charges in New Hampshire

Common defenses in New Hampshire burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New Hampshire criminal defense attorney for advice.

Related New Hampshire Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication