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Pennsylvania Laws on Receiving Stolen Property
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Pennsylvania Laws on Receiving Stolen Property
Receiving stolen property is a serious crime in Pennsylvania that can lead to felony charges and jail time. But what exactly constitutes receiving stolen property? And what are the penalties if you are convicted? This article will break down Pennsylvania laws on receiving stolen property in an easy-to-understand way.
What is Receiving Stolen Property?
In Pennsylvania, receiving stolen property is defined as intentionally acquiring possession of, control over, or title to movable property of another person, while knowing or having reason to believe the property was stolen [6]. Movable property refers to anything that can be physically moved, like jewelry, electronics, tools, or even gift cards. So if someone gives you a new TV that you know or suspect was stolen, and you keep it anyway, you could be charged with receiving stolen property under Pennsylvania law.
It’s important to note that you don’t need to be the one who actually stole the item in order to be charged with receiving stolen property. As long as you knew or had reason to believe the property was stolen, and you intentionally kept or disposed of it anyway, you could face charges.
Grading of the Offense
How receiving stolen property is graded as a criminal offense depends on the value of the stolen property [1]:
- Less than $50 – Misdemeanor 3
- $50 to $199 – Misdemeanor 2
- $200 to $2,000 – Misdemeanor 1
- $2,000 to $25,000 – Felony 3
- $25,000 to $500,000 – Felony 2
- Over $500,000 – Felony 1
So if the property is a stolen DVD player worth $100, that would likely be a Misdemeanor 2. But if it’s an expensive stolen painting worth $30,000, that could potentially be a Felony 3.
Penalties
The penalties for being convicted of receiving stolen property also vary based on the grading of the offense [4]:
- Misdemeanor 3 – Up to 1 year in jail and a fine up to $2,500
- Misdemeanor 2 – Up to 2 years in jail and a fine up to $5,000
- Misdemeanor 1 – Up to 5 years in jail and a fine up to $10,000
- Felony 3 – Up to 7 years in jail and a fine up to $15,000
- Felony 2 – Up to 10 years in jail and a fine up to $25,000
- Felony 1 – Up to 20 years in jail and a fine up to $25,000
As you can see, receiving stolen property, especially higher value items, can lead to serious penalties under Pennsylvania law. A felony conviction can also result in losing certain rights and privileges.
Defenses
There are a few potential defenses if you’ve been charged with receiving stolen property in Pennsylvania:
- You did not know the property was stolen and had no reason to believe it was stolen. For example, you bought the item from a store or individual seller with no indicators it was stolen.
- You intended to return the property or contact authorities once you realized it was likely stolen. However, you need evidence to prove this was your intent.
- Someone else (roommate, spouse, etc.) is actually responsible for receiving the stolen property without your knowledge.
- You were unknowingly in possession of the stolen property only briefly.
- You lacked criminal intent and the circumstances indicate you were an innocent possessor.
An experienced criminal defense attorney can help argue one of these defenses and fight the charges against you. For example, they may be able to show you had no knowledge or reason to believe the property was stolen, and that you were an innocent purchaser.
Being Charged with Receiving Stolen Property
If you are facing charges for receiving stolen property, it’s important to take it seriously and get legal help. A conviction can result in jail time, fines, and a permanent criminal record. An attorney can look at the details of your specific case and advise you on the best defense strategy.
In some cases, they may be able to get the charges reduced or even dismissed, especially if it’s a weaker case or you have no prior criminal history. At a minimum, having skilled legal counsel can help reduce your penalties so you avoid jail time.
Don’t wait to seek legal advice if you’ve been accused of receiving stolen property. The sooner you have an attorney reviewing your case, the better your chances of the best possible outcome.
Avoiding Charges
To avoid being charged with receiving stolen property in Pennsylvania:
- Be very wary of purchasing items at prices that seem too good to be true, as they may be stolen.
- Ask questions and request proof of ownership or purchase receipts when buying used goods.
- Do not accept items you have reason to believe may be stolen.
- If you unknowingly come into possession of potentially stolen property, consult an attorney before taking further action.
- Do not try to sell, dispose of or destroy property you believe may be stolen.
Remember that under Pennsylvania law, you don’t need to be the one who stole the property to be charged with receiving stolen property. Simply being in possession of items you know or believe to be stolen can make you criminally liable.
What To Do If Charged
If you’ve been accused of receiving stolen property in Pennsylvania, here are some important steps to take:
- Remain silent and avoid making any statements to police until you have legal counsel.
- Hire an experienced Pennsylvania criminal defense attorney as soon as possible.
- Follow your attorney’s advice about responding to the charges and your defense strategy.
- Your attorney can examine the evidence and determine if your rights were violated.
- They will represent your best interests in pretrial negotiations or at trial.
With an attorney guiding you, you’ll have the best chance at a favorable outcome, whether that means dismissed charges, reduced penalties, or an acquittal.
“The Bottom Line”:
The Bottom Line
Receiving stolen property is a serious offense in Pennsylvania that could result in felony charges and jail time, depending on the value of the property. If you’ve been accused of receiving stolen goods, don’t delay in contacting an experienced criminal defense attorney to protect your rights. An attorney can evaluate your case and build the strongest defense to avoid harsh penalties. With proper legal help, many defendants are able to get charges reduced or even dismissed entirely.
Some of the most common defenses to receiving stolen property charges include:
- Lack of proof you knew the items were stolen
- Lack of proof you possessed the stolen goods
- You intended to return the items or notify police
- Illegal search leading to discovery of the stolen property
An attorney can review the specifics of your case and determine if any of these defenses apply. They can also negotiate with prosecutors for a favorable plea deal or take your case to trial if needed.
Don’t take chances with your future if accused of receiving stolen property in Pennsylvania. Consult with a lawyer right away so they can start building your defense without delay.