How to Beat a Possession of Stolen Property Charge

If police arrested you for possessing stolen property in Cincinnati, you’re likely wondering what your legal options are, and you’re likely wondering how to beat a possession of stolen property charge. Which strategies should be used to defeat a possession of stolen property charge depends on the facts of your particular case. However, all possession of stolen property cases have something in common: an attorney can help.

Three Essential Elements of Receiving Stolen Property

Stolen property is any item that someone took from the owner without permission. It can be a cell phone, credit card, vehicle, or even a controlled substance. And just because you weren’t the person who stole the property, that doesn’t mean it wasn’t stolen. Stolen property remains stolen, regardless of who has possession of it.

In Ohio, possession of stolen property is covered under the statute for receiving stolen property. For a possession of stolen property conviction, the prosecution must show that:

• You knew or should have known that the property was stolen when you received it
• You intended to receive the property despite knowing it was stolen
• You took possession of or had control over the stolen property

There must be knowledge, intent, and possession. If your attorney can cast doubt on any of these three elements, you may be able to beat the charges you’re facing.

One defense could be if you can demonstrate that you did not know the property was stolen. Another defense could be if you can demonstrate that you did not intend to receive property that was stolen. A third defense could be if you can demonstrate that the stolen property was never in your possession.

What Is the Charge for Possession of Stolen Property?

Depending on the stolen property police alleged was in your possession, you could be facing slightly different charges. These charges range from a first-degree misdemeanor on the low end to a third-degree felony on the high end. Section 2913.51 of the Ohio Revised Statutes (ORS) explains the following charges:

First-Degree Misdemeanor

Criminal possession of stolen property is a first-degree misdemeanor if the property’s value is less than $1,000. If convicted of a first-degree misdemeanor, you could face up to 180 days in jail.

Fifth-Degree Felony

If the stolen property is worth more than $1,000 but less than $7,500, the charge is a fifth-degree felony. Additionally, Section 2913.71 states that the charge is a fifth-degree felony if the stolen property is any of the following items, regardless of value:

• Credit cards
• Checks
• Motor vehicles
• Blank title certificates
• Blank licenses of any kind

For a fifth-degree felony conviction, you could face between six to twelve months in prison.

Fourth-Degree Felony

If the stolen property is worth more than $7,500 and less than $150,000, the charge is a fourth-degree felony. Additionally, it is a fourth-degree felony if the property is a motor vehicle, a dangerous drug, or a firearm.

For a fourth-degree felony conviction, you could face between six to eighteen months in prison.

Third-Degree Felony

Finally, if the stolen property is worth more than $150,000, the charge is a third-degree felony. A third-degree felony conviction could result in between nine and thirty-six months in prison.

Statute of Limitations for Stolen Property in Ohio

Section 2901.13 of the Ohio Revised Statutes sets the statute of limitations for criminal offenses. A statute of limitations is the timeframe within which prosecutors must bring charges against the accused.

Possession of stolen property crimes in Ohio fall into two main categories relating to the statute of limitations. Misdemeanor crimes have a two-year statute of limitations. And felony crimes have a six-year statute of limitations.

If prosecutors attempt to bring charges against you for alleged stolen property crimes committed beyond these timeframes, your attorney may be able to get the charges dropped. One reason we have statutes of limitations is to protect the accused from being unable to defend themselves properly.

Over time, evidence that may have been able to prove your innocence could be lost. For example, if prosecutors charged you a few months after the alleged theft, you may be able to show that you paid for the item without knowing it was stolen. But if they bring the charges eight years later, you may no longer have proof of this.

How Can a Criminal Defense Attorney Help?

If you’re wondering how to beat a charge of receiving stolen property, the best thing you can do to increase your chances is to hire an attorney. An experienced criminal defense attorney has the knowledge and skillset to explore every legal option available.

A few ways an attorney can help are by:

• Gathering evidence that backs up your claim of innocence, such as text messages, receipts of purchase, and eyewitness statements
• Getting evidence against you thrown out by showing that police didn’t collect it properly
• Coaching you through how you should interact with police and prosecutors so they aren’t able to use your words against you in court
• Negotiating a plea deal with the prosecutors to reduce the severity of the charges or length of the sentence you’re facing
• Presenting your defense before a jury of your peers in court

Cincinnati Theft Crimes Defense Attorney

The criminal defense attorneys of Moermond & Mulligan, LLC have over 50 years of combined experience defending clients in Cincinnati and the surrounding areas. Our previous roles as prosecutors in Montgomery County mean we’re well-equipped to fight back against any tactics the prosecutors attempt to use against you.

Call (513) 421-9790 or contact us online for a free consultation about your case and to learn more about how our legal team will fight for your rights. Don’t let a charge of possession of stolen property negatively impact your life.