Understanding The Law

Posted on: 29 November 2021

You probably do not imagine being charged with the crime of receiving stolen property when you accepted that gift from a friend or purchased something from a Craigslist ad. Read below to find out how easy it can be to be pulled into criminal activity accidentally.

What To Know About Receiving Stolen Property

This crime is very serious and the value of the property in question tends to dictate whether you are charged with either a misdemeanor or a felony in your state. The punishment varies depending on state laws and the value of the property allegedly stolen. Either way, you will be left with a permanent mark on your criminal record that will show up in background checks and negatively affect any future arrests.

You Should Have Known Better

This sort of charge rests on the principle that the defendant either knew that the property was stolen or that they should have known. The property must be in your possession at the time of the arrest, and you must also be aware of its presence. For example, if you were unaware that someone had placed a stolen firearm in your backpack, you may have a defense. However, if you fail to contact law enforcement once you notice the item, you could be liable for receiving stolen goods.

Possession means on your person or in your vehicle, home, or bag. The offense also covers property that you were given or was sold to you. For example, if your friend gave you an iPhone that they bought from a guy in a parking lot, you are probably buying stolen property and can be charged with that crime. It's not necessary that you know for sure it was stolen – just that you should have known given the circumstances for it to be a crime. On the other hand, if that same friend was wealthy, generous, and often gave expensive gifts to you and others, you might have a defense against the charges if the phone turns out to be stolen.

Cases like receiving stolen property are far from routine. You must be able to show that you had no knowledge of how the property came to be stolen or that you did not realize it was in your possession to be successful in court. Don't just blindly accept your fate out of fear and frustration with the situation. Speak to a criminal defense lawyer who can help you be exonerated for receiving stolen property using the above defenses.