Anyone accepting or purchasing stolen property with the intent to give it back to the lawful owner is not guilty of receiving stolen property. A misdemeanor carries with it the potential for fines and up to a year in a county jail, while felonies come with much higher fines and the potential for more than a year in a state prison. In this situation, any reasonable person would suspect that the items were stolen. The driver of the vehicle has yet to be identified, police said. An experienced criminal defense attorney who knows how cases like yours are likely to be handled by the prosecutors and judges who will be involved in your case can give you practical and realistic advice about your situation and the options you have. However, possession of stolen goods may also be a felony based on the type of property. Criminal Defense Lawyers, Present This is because they lack the intent to benefit from receiving the stolen items. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Former Roosevelt County Sheriff’s deputy indicted on charge of receiving stolen property While McCasland was an Angel Fire police officer, he took a … However, the “should have known” standard can also work to the defendant’s advantage. Courts may also sentence you to probation. Steve was renting an upstairs mother in law apartment in a separate house on the property, 4-5 other homes and businesses were raided on that day in Anchorage as part of this operation. Though you knowingly purchased the luggage, you didn't know that it contained stolen property, and while you have a duty to return it to its rightful owner or the police, you have not stolen it or received it as stolen property. He shows you a collection of necklaces, rings, and watches in a brown paper bag. Law, About To learn about Ki’s career and accomplishments, check out his Linkedin page for more information. The dividing line between what is a misdemeanor and felony also differs by state, though receipt of property that’s worth between $250 and $500 is usually the minimum for a felony offense. For example, let's say a man approaches you and asks if you'd like to buy some premium jewelry for very cheap prices. In other words, the defendant’s willful ignorance of the facts, or naivete, won’t help him if a reasonable person in his situation would have concluded that the goods were hot. Receiving stolen property is a crime to purchase or accept property that you know or believe was obtained through theft. Fines. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Sentences can also be increased if you have prior convictions for receipt of stolen property or other crimes. Receiving stolen property and possession of stolen property are treated as separate offenses in some jurisdictions. Login. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Post Your Case - Get Answers from Multiple For instance, if you allow someone to deposit stolen merchandise in a place of your choosing, such as a designated hiding spot, you’ve exercised control over it, which will suffice for “receiving.”. Further, if you receive property as a gift or store it in your home, knowing that it’s stolen or under circumstances that should have alerted you to its stolen nature, you’ve also committed a crime. While theft is a universally understood crime, not everyone knows that you can also commit a theft crime if you acquire stolen or illegally obtained goods. Jail. Sentences range from a few days in jail to several years in a state prison. When sentenced to probation, the court makes specific terms and rules that you have to follow, such as meeting with a probation officer regularly, maintaining employment, and not committing any more crimes. If the person receiving the property knew it was stolen at the time of acquisition, then the person is guilty. Some states solve this problem by handling the “return” issue in the definition of the crime, specifying that a person commits the crime when he receives stolen property without the intent of returning it to its owner. 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What If I Did Not Know That the Property Was Stolen? When prosecutors can prove that a defendant knew that the property was stolen, it’s pretty easy to establish this part of their case. If the defendant then acquires the items anyway and they turn out to be stolen, the defendant should have known they were stolen and is guilty of receipt of stolen property. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs). While working as a legal writer with LegalMatch, Ki covered a wide range of topics like breach of contract, criminal, family disputes, and immigration law. Police who searched Sierra after her arrest recovered a stun gun in her possession, Amato said. Generally, these defenses include: If you are facing or may be facing criminal prosecution for receiving stolen property, you should consult with an criminal defense lawyer immediately. Library, Employment Law Practice, Attorney Copyright 1999-2021 LegalMatch. For example, if you buy a television from a friend who tells you that he stole it from his employer, you are guilty of receiving stolen property. But as explained above, the crime of receiving stolen property can also occur when a defendant obtains property that, given the circumstances, should have alerted him to its stolen nature. In addition to any fine, a person convicted of receiving stolen property often has to pay restitution. If you are found guilty, the court may do any or all of the following: Receiving stolen property is a theft crime, and every defense available for such crimes can be used, although the success of any specific defense will depend on the laws of the state and severity of the crime. Receiving stolen property is a crime in order to deter people from aiding or rewarding thieves by buying stolen property, concealing stolen property, and to deter theft in general. He later went on to get a J.D. Some states also differentiate between receiving and possessing stolen property. You have not committed the crime of possession of stolen property. Did That’s all the prosecutor needs to show. LegalMatch Call You Recently? We've helped more than 5 million clients find the right lawyer – for free. If the property has a high value, the defendant would be charged a felony. Receipt of stolen property, also known as possession of stolen property or possession of stolen goods, occurs whenever you knowingly purchase, obtain, receive or possess any property that you know, or should know, is stolen, intending to keep it from the owner. Ki received his undergraduate degree in Political Science from Santa Clara University. Police in Phuket are looking for a suspect who residents say has been stealing women’s underwear. In order to be convicted of receiving stolen property, the prosecution must show: If you've been charged with possession of stolen goods, it is in your best interest to speak to a local attorney who specializes in criminal defense as soon as possible. The Doma Museum collection has been closed for some time because of coronavirus restrictions. If the person knew that the property was stolen at the time he received it, the crime is receiving stolen property. Do I Need a Lawyer if I am Accused of Receiving Stolen Property? The attorney listings on this site are paid attorney advertising. Can't find your category? (This may not be the same place you live). Estate Property Law, Products Receiving stolen property may be a misdemeanor or felony. Some states solve this problem by handling the “return” issue in the definition of the crime, specifying that a person commits the crime when he receives stolen property without the intent of returning it to its owner. & For example, possessing an illegally obtained credit card constitutes a felony even if you never use it to make purchases. Probation. Like fines, the length of a jail sentence for possession of stolen goods depends on the value of the property. A criminal defense lawyer can analyze your situation, explain your options, and determine the best defenses to pursue. They will both be held at the Ranking County jail for receiving stolen property and felony feeling with additional charges pending. If the property value is low, the defendant would be charged as a misdemeanor. Otherwise, a police officer who takes stolen property from a suspect could be guilty of receiving stolen property. Also, if you buy the television from a stranger selling electronics from the back of a van, you are also guilty of the crime because a reasonable person in your situation would suspect the TV was stolen. In some states, the information on this website may be considered a lawyer referral service. In order to be convicted of receiving stolen property, the prosecution must show: In some states, the prosecution must show that you intended to aid the thief by purchasing or accepting the stolen property. The crime is separate from robbery, extortion, or theft. Klingensmith has not been charged with arson. Although the property must be received by the defendant, he need not take actual physical custody of it—having control over it is sufficient. E-Reporting for Police Reports. What are Possible Defenses against an Accusation of Receiving Stolen Property? Receiving stolen property is a crime in order to deter people from aiding or rewarding thieves by buying stolen property, concealing stolen property, and to deter theft in general. The passenger was identified as Markita Danise Cole, of Dallas, Texas. They can range from several hundred dollars to many thousands of dollars; the more valuable the property you receive, the higher the fine. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Seth G. Klingensmith, 24, of Acme, was arrested in Youngwood close to where the stolen 2010 Chevrolet Colorado was abandoned about 6:20 a.m. and believed to have been torched. Can I Be Convicted of Receiving Stolen Property If I Planned to Return the Items? Like other property crimes, penalties receiving stolen property depend largely the property's value and the laws of the state where you received the property. In response to the current COVID-19 Pandemic, the Police Department encourages people to reduce face-to-face contact and file an e-report for gathering information about non-person and after the fact crimes. MANSFIELD - The man accused of kidnapping his ex-girlfriend now also faces a charge of receiving stolen property. The “reasonable person” standard means that if an average person in the defendant's situation would behave been suspicious of the goods, the defendant should be suspect of them as well. Start here to find criminal defense lawyers near you. Surveillance camera footage from a resident’s home shows a teenager driving through a neighbourhood, then stopping and stealing ladies panties that were hanging up … Your If the person discovered the property was stolen after accepting it, but still intends to keep it or use it for a dishonest purpose (such as selling it to someone else), then the person is guilty of possessing stolen property. Law, Immigration LegalMatch, Market Lantigua was charged with receiving stolen property, resisting arrest and eluding. Cases that rest on proving that the defendant “should have known” the property was stolen are less straightforward than those that involve property the defendant knew was stolen. Restitution is money you pay to the legal owners of the stolen goods to compensate them for their loss. Though each state has its own laws and terminology, the federal government also criminalizes the receipt of stolen property. Defendants won’t be guilty of the crime of receiving stolen property if they did not know the property was in their possession. None of the jewelry has sales tags or packaging. If you violate these rules, you will have to serve the original jail sentence. Fines (depending on the value of the property). States categorize crimes as either misdemeanors or felonies. What are the Possible Consequences of Receiving Stolen Property? For example, suppose you purchase luggage at an estate sale, find some jewelry hidden away in its lining, and only later discover it was stolen. Receiving stolen property may be a misdemeanor or felony. All rights reserved. Finally, prosecutors in some states must prove that the defendant intended to keep the property, or at least deprive the owner of it. No. Law, Intellectual 5—State police say a Mt. Services Law, Real A charge for a receipt of stolen property charge depends on the value of the property at issue. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Restitution. In 2012 there was a FBI and Police raid on my property (6045 and 6059 Blackberry Street Anchorage Alaska), the warrant was for tenant of mine, (Steve Landers.) The key factor between receiving and possessing stolen property is the timing of the knowledge that it was stolen. For example, if you go to a store and buy a package of batteries that later turn out to behave been stolen by the shop owner, you are not guilty of possessing stolen goods because you had no way to know that the batteries were stolen. By purchasing them, you commit the crime of receiving stolen property. Otherwise, a police officer who takes stolen property from a suspect could be guilty of receiving stolen property. Receipt of stolen property is categorized as a "wobbler" meaning that the charge can be a felony or misdemeanor. The 36-year-old owner of the flat has been arrested on suspicion of receiving stolen goods. Mar. Fines for receipt of stolen property differ widely from state to state. Do Not Sell My Personal Information. Law, Government You would not be guilty of receiving stolen property if there was no reasonable way for you to know the property was stolen. from Lincoln Law School of San Jose, graduating in 2013. Pleasant Township man stole a pickup truck and led police on a 20-mile pursuit early Thursday. The best way to determine how successful any of these defenses will be is to consult with a lawyer. In a case involving a “should have known” situation, a prosecutor must show that a reasonable person would have suspected the items were stolen.

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