Receiving Stolen Property
In Massachusetts the crime of receiving stolen property is governed by G.L. c. 266 §60. The law makes it a crime to receive or buy or aid in the concealment of stolen property. A requirement of the law is that you knew that the property was stolen. Massachusetts law requires actual knowledge that the property was stolen. You cannot be convicted of this crime if you act recklessly in obtaining the stolen property. The best Massachusetts Criminal Defense Lawyers understand the difference and are able to apply the facts of your case to the law and get you the best results, including a possible dismissal of your case.
The statute makes distinctions for felonies and misdemeanors. The value of the property and the number of times you have been convicted for this crime determines whether you will be charged with a felony or a misdemeanor. If the value of the alleged "stolen property" is under $250.00 and it is your first offense in this area you will be charged with a misdemeanor. If the value of the property is over $250.00 or if you have been previously convicted for this type of offense you will be charged with a felony. Often times, the value of the stolen property is in dispute. This is where the services of a qualified and experienced Massachusetts criminal attorney is critical to your defense.
One of the elements that the Commonwealth must prove is that the defendant actually, jointly or constructively possessed the property. You cannot be convicted of this crime if the Commonwealth fails to prove this element beyond a reasonable doubt. Establishing possession is often a disputed element during a trial. Attorney Kathleen M. McCarthy has been successfully handling crimes of this nature over the course of her entire career. She understands what it takes to aggressively defend against these accusations. In certain circumstances these cases can be resolved in the pre-trial stages. Attorney McCarthy has proven results time after time in defending theft crime cases. Call Attorney McCarthy now if you find yourself charged with this type of crime.
To convict you of this crime, it is necessary that you knew that the property was stolen. The prosecution can prove this element by presenting direct and circumstantial evidence. Proof that you were negligent is not enough for you to be convicted of receiving stolen property. Attacking the evidence in this area is essential to mounting a defense to this type of charge.
Penalties for Receiving Stolen Property
Prosecutors and judges in Massachusetts view theft crimes very seriously. The penalties imposed for a conviction of the crime of receiving stolen property is as follows:
Receiving Stolen Property Under $250.00/First Offense - - Misdemeanor:
- Jail for up to 2 ½ years;
- A fine of up to $1,000.00
Receiving Stolen Property Over $250.00/For a Second or Subsequent Offense - - Felony:
- State prison for not more than five years;
- Jail for up to 2 ½ years
- A fine of up to $5,000.00
Contact Kathleen M. McCarthy as soon as possible if you have been charged with one of these crimes. Mounting a defense in the early stages of a case is important to a successful outcome.