What Can You Do & What Steps To Follow In Case You Receive a Stolen Property
One of the most unusual but severe crimes in Arizona and across the country is to receive stolen property. It means that, even if you have no idea that what you have in your possession has been stolen, it is illegal to have items that are not yours.
No one’s going to admit they received stolen property, even if it’s true. So does this mean you should accept the “stolen” item and avoid any possible legal problems? Not at all! You must understand Arizona’s laws regarding receiving stolen property because there are consequences for doing so, including fines and even jail time.
In the following article, an Apache Junction defense lawyer will explain what exactly happens when you receive stolen property in Arizona.
What Does It Mean To Receive Stolen Property In Arizona?
Receiving stolen property is considered a theft crime in Arizona. Even if you did not steal anything, you might be accused of a crime if you purchase stolen property from someone else. That’s because the Arizona legislature wants to prevent people from purchasing stolen goods.
The prosecutor must demonstrate that you possessed control over another person’s property while knowing or having reason to believe it was stolen. Technically, you don’t have to buy the stolen property; simply accepting it is enough.
Is Receiving Stolen Property a Misdemeanor Or a Felony?
Felonies are serious criminal offenses with possible repercussions beyond incarceration. If you are charged with a felony for receiving stolen property, you may have difficulty finding work and housing. You may also lose your right to vote.
The property value determines whether receiving stolen property is charged as a misdemeanor or a felony.
If you don’t know the total value of the property, it’ll be difficult to know the classification of the crime. In that case, you should search for the proper documentation and ask your Chandler defense lawyer for a better orientation.
As for the classification, here’s how it goes:
- A felony of $25,000 or more is classified as a class 2 offense.
- More than $4,000 (but less than $25,000) is a felony of the third degree.
- More than $3,000 (but less than $4,000) is a felony of the fourth degree.
- More than $2,000 (but less than $3,000) is a felony of the fifth degree.
- More than $1,000 (but less than $2,000) is a felony of the sixth degree.
- A class 1 misdemeanor is defined as $1,000 or less.
Since the charge is based on the value of the property, the prosecution must prove the value if they want to charge you with a felony. They can achieve this by presenting evidence of the item’s fair market value.
If they fail to demonstrate that the value is felonious, the charge will probably be reduced to a misdemeanor.
What Are The Defenses For Obtaining Stolen Property In Arizona?
When you’re charged with receiving stolen property in Arizona, the prosecution must prove every single component beyond a possible suspicion. If not, there is no way to convict you.
You can ask your Gilbert defense lawyer about possible defenses, but these are some options:
You Had No Idea It Was Stolen
The best defense against receiving stolen property is that you had no idea it was stolen. This is more complicated than it appears because ignorance is not an excuse.
Even if you were unaware that the goods were stolen, you must demonstrate that you had no reason to suspect that they were stolen. You’ll have a solid defense if you made a good-faith effort to speak with the owner about the item and evaluate its origin before taking it.
The Police Infringed On Your Rights
Another defense to receiving stolen property is to claim that the police violated your constitutional rights, which is usually accomplished by filing a pretrial motion before your trial.
If the police violated your constitutional rights by stopping you, searching you, or seizing your property, they cannot admit certain evidence. The case will probably be dismissed if they cannot show the evidence.
Similarly, if the police did not read you your Miranda rights or interrogated you after you requested a lawyer, what you said is unlikely to be used in court.
We still suggest you contact a trusted Mesa defense lawyer to analyze your case and consider the possible defenses.
Finding The Right Defense Lawyer
Spend no more time looking for criminal defense lawyers if you need one! Dove Law Firm can help you. Our skilled lawyers will be ready to give you the aggressive defense you deserve. Contact us now to schedule an appointment and get started!
This blog is purely for marketing purposes and should not be construed as legal advice.
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Phone: (480) 213-4489
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Mesa, AZ 85212
Phone: (877) 368-3529