When it comes to taking care of yourself, having access to an incredible lawyer is absolutely essential. A few years back, I was accused of a crime that I didn't commit, and it was absolutely devastating. The only way that I got through the ordeal was by finding an excellent general attorney who could represent me. I worked hard to find the right lawyer, and it was amazing to find an expert who truly understood what I was up against. This blog is all about finding the right lawyer to help you through your legal battles so that you can avoid serving time for something you didn't do.
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Have You Been Accused Of Receiving Stolen Property? What To Know
Henry Jennings
The charge of receiving stolen property is a criminal offense that occurs when someone knowingly acquires, possesses, or disposes of property that they know or believe to be stolen. When facing a charge of receiving stolen property, there are several potential defenses that can be raised. Read below to find out more.
Defenses to Receiving Stolen Property Charges
Your criminal defense lawyer may employ some of the below defensive strategies to get your charges dropped, reduced, or to result in a not guilty verdict.
Lack of Knowledge
One of the primary defenses to a charge of receiving stolen property is demonstrating that the accused had no knowledge that the property was stolen. If the defendant can show that they had a genuine belief that the property was obtained legally and had no reason to suspect it was stolen, this defense can be effective. This defense can be established by presenting evidence of a legitimate purchase, receipt, or transaction that supports the defendant's belief.
Lack of Intent
Receiving stolen property requires proof that the accused acted knowingly and intentionally. If the defendant can demonstrate that they lacked the intent to possess or dispose of stolen property, it can serve as a defense. For example, if they received the property under a mistaken belief that it was legitimate, it may weaken the prosecution's case.
Ownership or Rightful Possession
If the defendant can establish that they had a lawful right to possess or own the property, it can serve as a defense. This defense might involve demonstrating ownership through documentation, receipts, or other evidence that establishes a legitimate claim to the property.
Entrapment
Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. The defendant should be able to demonstrate that they were coerced or induced by law enforcement or another party to receive stolen property.
Illegal Search and Seizure
If the property was obtained through an illegal search and seizure by law enforcement, the defendant can challenge the admissibility of the evidence in court. If the evidence is deemed inadmissible, it can significantly weaken the prosecution's case.
Mistaken Identity
If the defendant can demonstrate that they were mistaken for another person who received the stolen property, it can serve as a defense. This defense relies on presenting evidence that shows the defendant was not the individual involved in the alleged offense.
If you are facing a charge of receiving stolen property, it is crucial to consult with a criminal defense attorney.
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