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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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What is the statue of limitations for gun theft and arson

Resolved Question:

What is the statue of limitations for gun theft and arson?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 5 years ago.
What state would the charges be in?
Customer: replied 5 years ago.
The charges are in the state of New Mexico.
Expert:  Thoreau (T-USA) replied 5 years ago.
It would be helpful to know what statutes the charges are under (particularly the gun theft charge, though it would be useful to know the arson theft statute used as well).

Thanks.
Customer: replied 5 years ago.
i have no idea what the statutes are becuase there are no charges. Somebody broke into a buisness years ago and stole some guns and burned the buisness down. We want to know what the statues of limitations are on this. Could charges still be filed?
Expert:  Thoreau (T-USA) replied 5 years ago.

Disclaimer

By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide proper legal advice on JustAnswer and what follows is not legal advice and is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists and anything written can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer


The best way to determine whether or not charges would be filed would be to contact the local police and/or the prosecutor's office. If the crime happened years ago, it is quite possible that all evidence of the crime may have been destroyed or lost. If the evidence has been destroyed or lost, charges will generally not be pursued.

It sounds as though the business was burglarized. Aggravated burglary occurs when someone is armed during a burglary (including when someone arms himself after entering the building). In New Mexico, aggravated burglary is a second degree felony. Second degree felonies have a 6 year statute of limitations in New Mexico.

Arson can be charged in numerous ways. The statute of limitations is longer for more serious charges.

Petty Misdemeanor (property destroyed is less than $250)
1 year statute of limitations.

Misdemeanor (property destroyed exceeds $250 but is less than $500)
2 year statute of limitations.

Fourth Degree Felony (property destroyed exceeds $500 but is less than $2,500)
5 year statute of limitations.

Third Degree Felony (property destroyed exceeds $2,500 but is less than $20,000).
5 year statute of limitations.

Second Degree Felony (property destroyed exceeds $20,000)
6 years statute of limitations.




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Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
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