Theft by receiving

A person commits the offense of Theft By Receiving if he or she receives, retains, or disposes of the stolen property of another person knowing or having good reason to believe that the property was stolen. Put more simply, it is illegal to possess stolen property if you know or should have known that it was stolen. 

However, it is not enough to prove that the property was stolen; that is usually not in dispute. Generally the issue is whether the person knew or should have known that the property was stolen. If someone purchases a car with a Bluebook value of $25,000 for only $500, for example, this is circumstantial evidence that they should have known the car was stolen. If you are presented with an offer to purchase valuable property that is too good to be true, you should do diligence to insure the property is not stolen or simply pass on the item to avoid any potential criminal liability.

The value and type of the property at issue determines the severity and possible punishment range of a Theft By Receiving charge. For property valued at less than $1,000, Theft By Receiving is a Class A misdemeanor punishable by up to one year in county jail or probation and/or up to $2,500 in fines. For property valued between $1,000 and $5,000, Theft By Receiving is a Class D Felony punishable by up to 6 years in prison or probation and/or up to $10,000 in fines. For property valued between $5,000 and $25,000, Theft By Receiving is a Class C Felony punishable by 3-10 years in prison or probation and/or up to $10,000 in fines. For property valued at $25,000 or more, Theft By Receiving is a Class B Felony punishable by 5-20 years in prison or probation and/or up to $15,000 in fines. 

If the property at issue is a credit card, debit card, or firearm valued at less than $2,500, Theft By Receiving is a Class D Felony with the punishment ranges mentioned above. 

If you or someone you love is facing charges for possession of stolen property, call our experienced property-crime attorneys at Lassiter & Cassinelli. Just because something you purchased turns out to be stolen does not mean you are a criminal.