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Hello, 3 friends of mine broke into a garage and stole a $7000 dirtbike. I'm aware that property of that value mandates a 3rd degree felony theft charge. Would burglary and breaking an entering increase the time of statute of limitations? This happened over 2 yrs ago in Pa. Also, what other charges could be added on since it was a pre meditated theft ( the located the bike via surveillance. )
 


quincy

Senior Member
Hello, 3 friends of mine broke into a garage and stole a $7000 dirtbike. I'm aware that property of that value mandates a 3rd degree felony theft charge. Would burglary and breaking an entering increase the time of statute of limitations? This happened over 2 yrs ago in Pa. Also, what other charges could be added on since it was a pre meditated theft ( the located the bike via surveillance. )
An additional criminal charge will not change the time within which an action must be filed.

The crime was reported to the police two years ago? Were your friends charged?
 

Just Blue

Senior Member
Hello, 3 friends of mine broke into a garage and stole a $7000 dirtbike. I'm aware that property of that value mandates a 3rd degree felony theft charge. Would burglary and breaking an entering increase the time of statute of limitations? This happened over 2 yrs ago in Pa. Also, what other charges could be added on since it was a pre meditated theft ( the located the bike via surveillance. )
Are your friends facing charges do to the theft? If yes, they should address all questions to their attorney(s). If not, why are you asking questions here? Was this your property stolen?
 

quincy

Senior Member
I agree with Blue that your friends should be discussing their crime(s) with their attorneys.
 

zddoodah

Active Member
3 friends of mine broke into a garage and stole a $7000 dirtbike. I'm aware that property of that value mandates a 3rd degree felony theft charge. Would burglary and breaking an entering increase the time of statute of limitations? This happened over 2 yrs ago in Pa. Also, what other charges could be added on since it was a pre meditated theft ( the located the bike via surveillance. )

Based on what you've written, your friends committed criminal trespass in violation of 18 Pa.C.S.A. section 3503(a)(1), which is either a second or third degree felony. They also committed theft by unlawful taking in violation of section 3921(a), which is a third degree felony based on the value stated. As far as I can tell, "breaking and entering" is not a crime under Pennsylvania law (it appears that what might otherwise be called "breaking and entering" is covered by the criminal trespass law.

The statute of limitations for the two crimes mentioned above is two years. The statute of limitations for burglary (under section 3502) is five years, but I see no basis for charging this as burglary unless the garage had been "adapted for overnight accommodations.
 

quincy

Senior Member
I probably should clarify my earlier post.

The statute of limitations for filing charges on crimes in Pennsylvania depends on the crime. For major crimes (most felonies), a prosecutor will have 5 years from the time the crime was committed to file charges. For other crimes (including some lesser felonies), the prosecutor must file charges within two years from the time the crime was committed. There are a few exceptions that do not seem to apply here.

IF a 3rd degree felony theft charge is pursued by the prosecutor, the prosecutor has two years to charge the one who committed the crime (or who is assumed to have committed the crime). IF the prosecutor believes a major felony burglary charge can be supported, he would have 5 years to charge the one or ones believed to have committed the crime.

If your friends have been holding their breath hoping no charges are filed against them, looking at the two year statute of limitations as a time they can breath easy again, they might need to hold their breath for another 3 years.
 

Just Blue

Senior Member
I probably should clarify my earlier post.

The statute of limitations for filing charges on crimes in Pennsylvania depends on the crime. For major crimes (most felonies), a prosecutor will have 5 years from the time the crime was committed to file charges. For other crimes (including some lesser felonies), the prosecutor must file charges within two years from the time the crime was committed. There are a few exceptions that do not seem to apply here.

IF a 3rd degree felony theft charge is pursued by the prosecutor, the prosecutor has two years to charge the one who committed the crime (or who is assumed to have committed the crime). IF the prosecutor believes a major felony burglary charge can be supported, he would have 5 years to charge the one or ones believed to have committed the crime.

If your friends have been holding their breath hoping no charges are filed against them, looking at the two year statute of limitations as a time they can breath easy again, they might need to hold their breath for another 3 years.
Do you know if the above would apply if the "friends" left PA? Would that toll the SOL?
 

quincy

Senior Member
Do you know if the above would apply if the "friends" left PA? Would that toll the SOL?
Yes it would. That was one of the “exceptions” I mentioned - but there has been no indication yet that, that would apply to extend the limitations period.
 

Eekamouse

Senior Member
Hello, 3 friends of mine broke into a garage and stole a $7000 dirtbike. I'm aware that property of that value mandates a 3rd degree felony theft charge. Would burglary and breaking an entering increase the time of statute of limitations? This happened over 2 yrs ago in Pa. Also, what other charges could be added on since it was a pre meditated theft ( the located the bike via surveillance. )
Based on your user name, it sounds to me like you're mad at them and want to rat them out to get them in trouble.
 

quincy

Senior Member
Based on your user name, it sounds to me like you're mad at them and want to rat them out to get them in trouble.
Or the name is part of a clever ruse to throw us off track and KarmaServed Cold is actually the one currently in possession of a $7000 stolen dirt bike. :)
 
I probably should clarify my earlier post.

The statute of limitations for filing charges on crimes in Pennsylvania depends on the crime. For major crimes (most felonies), a prosecutor will have 5 years from the time the crime was committed to file charges. For other crimes (including some lesser felonies), the prosecutor must file charges within two years from the time the crime was committed. There are a few exceptions that do not seem to apply here.

IF a 3rd degree felony theft charge is pursued by the prosecutor, the prosecutor has two years to charge the one who committed the crime (or who is assumed to have committed the crime). IF the prosecutor believes a major felony burglary charge can be supported, he would have 5 years to charge the one or ones believed to have committed the crime.

If your friends have been holding their breath hoping no charges are filed against them, looking at the two year statute of limitations as a time they can breath easy again, they might need to hold their breath for another 3 years.
Thank you for the info
 

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