The Legality of Receiving Stolen Property
In accordance with Florida Law, receiving stolen property can come with some costly legal troubles. Keep in mind that receiving stolen property is an entirely separate crime from theft, robbery, or extortion and has its own legal repercussions for a perpetrator. If you’re curious about the consequences that might arise from a stolen property case, look no further than this article.
Being Charged With Receiving Stolen Property
In order for a stolen property charge to be considered valid, there are several prerequisites that the State must be able to prove.
- The item in question must be considered stolen before you receive it.
- The person receiving this stolen property must know that the item in question was stolen before receiving it.
- The owner must intend to deprive the original owner of their property permanently.
In addition, in some states, the intent to receive stolen property may need to be proven in a court of law. Therefore, seeking legal aid in these situations is paramount to ensure that you follow your state’s laws if you are charged with receiving stolen property.
I Didn’t Know The Property Was Stolen
If you are being charged with receiving stolen property and did not previously know the said property was stolen, you might have a valid defense. Notwithstanding, most prosecutions will more often than not center around the following: “When did the receiver come to the conclusion that their property was stolen?”
With this in mind, most prosecutions will be based on when this occurred. If it was before you received the property, this could be difficult for your defense. If it was after you received said property, the case itself could be leveraged in your favor. However, if you continue to use said property or attempted to sell it to an unsuspecting buyer, it can also be complicated for your defense.
What if I Planned to Return the Items?
If you have the ability to prove your intent to return said property to its’ rightful owner in a court of law, typically, the State will refrain from convicting you. However, in some cases, the litigant might have to demonstrate that they either had no information or that the property being referred to was taken. In these situations, this is your “affirmative defense,” which allows a defendant to deny that they had any knowledge of a crime committed or the intent to commit said crime.
In conclusion, you deserve to have peace of mind in these situations. If you need further legal advice or representation, Adam Bantner would be more than happy to help you. We specialize in criminal law and have the experience necessary to ensure that you are well-protected within and outside of the courtroom.