March 13, 2010 by Celeste Schooley
The law can be confusing in many ways. But one thing that is clear is that theft and receiving stolen property is a crime that is punishable by jail time if you are caught with this property. You do not have be the thief, but if you are in receipt of the stolen goods you are guilty as well.
However, if you unaware that the property you have received is stolen then the legality of your guilt is shadowed. When this happens, many times it is a he said, she said type of scenario. There is a burden of proof by the law to confirm that you were aware the property was stolen.
If you are in receipt of property valued at over five thousand dollars then this is one of the conditions for prosecution. If the stolen property that is being prosecuted for is fewer than five thousand dollars then it is considered a misdemeanor but charges will still be brought up. You will still need to prove that you were not aware the property was stolen.
If you are under suspicion or being prosecuted for this type of issue then you need to know the burden of proof with lay on the prosecutor. They have to be able to prove in court that you knew the property was stolen. They will also need to prove that you knew it and concealed this fact on purpose.
Many states have separate penalties for the crime of receiving stolen property and the possession of stolen property. If you are charged with both they are considered separate offense. A prosecutor in this circumstance will attempt to charge you with both crimes and make at least one stick. If you happen to be found guilty of both, the penalty is larger.
These charges are minor felonies but they are in fact felonies and punishable by law. So, if you become aware that property you have received is stolen you need to turn it in immediately. Contact your local law enforcement offices to release the property. You will need to state where the property came from and will be questioned, but cooperating with the law is your best bet of not being convicted yourself.
If you think you are less guilty because you did not actually steal the property yourself, you can be in serious jeopardy of being convicted if you are caught. Do not play Russian roulette with your future and rectify the situation. Having a felony charge on your record can seriously affect the rest of your future.
Mr. Gonzalez is a Houston Criminal Lawyer and composes general articles about law issues. None of his articles are meant to be law advice. If are accused of theft in the state of Texas, please contact a Houston theft defense lawyer to assist you with your case.
