As far as the warning shot goes, it doesn't negate NH law on the subject but, by it's very definition it went in a safe direction because it harmed nobody and nothing.
Cole, under that logic the guy who fires a round at you intending to kill you, but he misses and the bullet lodges in a wall, would not be guilty of attempted murder or aggravated assault because it went in a safe direction and nobody was harmed. It's not as cut and dried as you suggest.
lol Cheyenne, dude, you're an attorney and know better than to foment such an argument. No offense intended, but...
Guilt in such a case as the first one you mention, is predicated on the intent of the shooter. First, he is the bad guy because he's attempting to murder me because I caught him thieving-at least that's how I take your scenario. Second, his guilt is predicated on his intent, not where his bullet went.
In the scenario in the OP, the guy is the good guy. He demonstrates his intent is not to kill the burglar and his bullet evidently did no harm. Therefore he is only guilty of breaking a law which the spirit of, is to prevent accidental injuries and property damage, of which ostensibly, none occurred.
