Many cases involving theft such as receiving stolen property make their way through the courts each year. fraud defense One of the most common cases involving theft is receiving stolen property. Receiving stolen property is defined under section 3925 of the Pa criminal code. It states that an individual has committed this offense if they intentionally receive moveable property of another knowing that it was stolen or had reason to believe so, unless they received the property with the intention of returning it. Whether you are convicted under this statue depends entirely on one thing: did you know or have reason to believe that the property was stolen? Even if you are not completely sure that the items you received were stolen, the prosecution only needs to prove that you had a reason to believe that the items were stolen. So, what types of things does the prosecution look at show you had reason to believe they were stole? Perhaps they are able to show that you paid way below the retail value for the property or that you went to a non-reputable source to buy it such as a non-licensed street vendor.
Fortunately in terms of theft charges, built into the Receiving stolen property statute is a readily available defense. failure to make required distribution If you can show that you received the property with the intention of returning it to its owner then you would not be in violation of this offense. That is why it is important to seek legal representation if you have been charged in violation of this statute. A good defense attorney will help you gather evidence that would show you had the intention of returning the item if that pertains to your case. Receiving stolen property is graded just like every other theft statute. If the value of the property is over $2,000 but below $100,000, it is a felony of the third degree. If the value is between $100,000 and $500,000 it is a felony of the second degree, and if it is above $500,000 it is a felony of the first degree. As mentioned previously it is important to seek legal representation if you have been charged with receiving stolen property. The attorneys at The Law Offices of Kelly and Conte are experienced attorneys who will fight to get the best resolution given the facts of your case.