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Ex-sheriff Mark Brave pleads guilty to theft without jail time, but perjury sentence to come

Strafford County Sheriff Mark Brave is followed into the Rockingham County Superior Court by lawyer Leif Becker, who he hopes to retain as counsel, on Dec. 5, 2023.
Deb Cram/Seacoast Media Group (pool photo)
Former Strafford County Sheriff Mark Brave in Rockingham County Superior Court, Dec. 5, 2023.

Former Strafford County sheriff Mark Brave has reached a deal in which he could avoid prison while pleading guilty to to multiple felony charges for stealing county money he used to fund trips connected to his extramarital affair and lying about it to a grand jury.

However, sentencing for perjury charges will be left to the discretion of the court and could still result in prison time for Brave, according to Attorney General John Formella. Both the state and the defendant will present arguments on the perjury charges.

Brave faces a maximum penalty of seven to 14 years in prison and fines of up to $8,000 on the perjury charges. Sentencing will take place in 90 days in the Strafford County Superior Court.

Brave entered guilty pleas in the Merrimack County Superior Court Thursday to Class B felony theft by deception, Class B felony falsifying physical evidence, and two Class B felonies of perjury for lying to a grand jury.

Brave will be sentenced to a suspended prison term of three and a half to seven years on each of the charges of theft by deception and falsifying physical evidence, according to Formella. These sentences will be suspended for a term of seven years, but will be consecutive to all other sentences if imposed, Formella said. The suspension of these prison sentences is contingent upon good behavior and compliance with the following:

  • Restitution of $18,969 to be paid to Strafford County.
  • Surrendering of any and all law enforcement certifications.
  • Placement on a national registry of decertified officers.
  • Non-contestation of placement on the New Hampshire Exculpatory Evidence Schedule.
  • A prohibition on seeking or accepting employment as a law enforcement officer in any jurisdiction.

Prosecutor explains sentencing

Assistant Attorney General Joe Fincham said the standing charges against Brave in the Strafford and Merrimack County cases will be dismissed at sentencing. A May 12 trial date will be canceled.

However, Brave still faces two perjury charges, alleging he lied to law enforcement officials. Each Class A felony charge could bring three and a half to seven years in prison and if served consecutively, would mean up to 14 years.

Fincham said the court has already accepted the negotiated plea on the other charges.

“We are satisfied with the deal,” said Fincham. “The amount of jail time he sees will be up to the court, but we feel it is in the range of what would expect to see if we went to trial. The judge accepted the plea, and the sentencing date will be set for sometime in May, at the court’s discretion.”

Leif Becker, attorney for Brave, could not be immediately reached for comment.

Mark Brave's crimes: the details

In August 2023, Brave was arrested and charged with multiple felonies related to the misuse of county money and falsification of evidence. He stole nearly $19,000 by submitting false reimbursement claims for personal expenses, such as trips to Boston and Florida, and misappropriated funds through fraudulent claims for airfare, hotel stays, and meals. He also altered a receipt to hide the identity of a female companion, prosecutors say.

Brave lied during his grand jury testimony, fabricating event attendance, falsely claiming a meeting with a U.S. congressman, and denying the presence of a female companion. He also misrepresented a Florida trip involving a female employee and initially claimed a Boston trip was for a charity fundraiser, later admitting it was for a dinner cruise with a woman with whom he was having an extramarital affair.

Brave was elected Strafford County sheriff as a Democrat in 2020 and sworn into office in January 2021. He was re-elected in 2022.

These articles are being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.

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