Felony theft gun dismissed. A client is accused of multiple counts of felony 2 theft charges of a gun relating to an alleged recovery by police on the street after a stop and frisk in Philly. Client decides to hire Criminal Defense Lawyers Thomas Kenny of Kenny, Burns & McGill. The Commonwealth contended that the client committed a felony theft of a firearm. See below for an excerpt from Pennsylvania law on the topic.
Attorney Kenny, following forceful arguments to the Presiding Judge that the evidentiary value of the Commonwealth’s evidence did not add up, the Judge dismissed the felony theft gun charges on December 29, 2020 at the Juanita Kidd Stout Center for Criminal Justice at 1301 Filbert Street in Philadelphia.
An excerpt of Pennsylvania law follows: Chapter 39. Theft and related offenses.
A. General Provisions
B. Definition of Offenses
3902. Consolidation of theft offenses.
3903. Grading of theft offenses.
3904. Arrest without warrant.
§ 3901. Definitions.
Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
(1) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or
(2) to dispose of the property so as to make it unlikely that the owner will recover it.
“Financial institution.” A bank, insurance company, credit union, building and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
“Firearm.” Any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
“Government.” The United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.
“Movable property.” Property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. “Immovable property” is all other property.
(1) To bring about a transfer or purported transfer of legal interest in property, whether to the obtainer or another; or
(2) in relation to labor or service, to secure performance thereof.
“Property.” Anything of value, including real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power.
“Property of another.” Includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement. Felony theft gun dismissed.
§ 3902. Consolidation of theft offenses.
Conduct denominated theft in this chapter constitutes a single offense. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the complaint or indictment, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
§ 3903. Grading of theft offenses.
(a) Felony of the second degree.–Theft constitutes a felony of the second degree if:
(1) The offense is committed during a manmade disaster, a natural disaster or a war-caused disaster and constitutes a violation of section 3921 (relating to theft by unlawful taking or disposition), 3925 (relating to receiving stolen property), 3928 (relating to unauthorized use of automobiles and other vehicles) or 3929 (relating to retail theft).
(2) The property stolen is a firearm.
(3) In the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm.
(4) The property stolen is any amount of anhydrous ammonia.
(5) The amount involved is $100,000 or more but less than $500,000.
Call or text the team at Kenny, Burns & McGill today if you have any legal issues. Felony theft gun dismissed.