One of the ways a criminal defense attorney can help you if you are charged with a crime is by presenting defenses which may convince a judge or jury that you are not guilty. Here are five defenses a criminal defense attorney may use if you were charged with receiving stolen property.

1. The Property Was Not Actually Stolen

For a judge to convict you of receiving stolen property, the property that you are in possession of must have actually been stolen. Unless someone can show that a thief stole the property and the owner incurred a loss, you cannot receive stolen property.

2. You Did Not Know the Property Was Stolen

To be convicted of receiving stolen property, you must have known, or a reasonable person should have known, that the property was stolen. For example, if an electronic device has the serial number scratched out, there is a good chance someone stole it. Or, if someone is selling high-priced goods for extremely cheap, the average person would think it was fishy and that the seller may have stolen the goods.

However, if you did not know someone stole the property and there was nothing suspicious or sketchy about the transaction, this may be a great defense for a criminal attorney to raise.

3. You Were Mentally Unaware of What Was Going On

You have a number of reasons why you may not have mentally been aware of what was going on. For example, you may have been mentally incapacitated, highly intoxicated, or high on legal or illegal substances when you took possession of the stolen goods. If you were not mentally aware of what was going on, you may not have been aware that you were buying or taking possession of stolen goods.

Not being mentally aware is a possible defense to receiving stolen property, but it is a challenging defense.

4. You Had an Innocent Intent in Possessing the Property

Not everyone who knowingly takes possession of stolen property has bad intent. If you have a friend who is a victim of theft, and you see someone selling the item, you may meet up with the seller in order to take possession and return it to the owner. Or you may know someone stole an item, but you may intend on turning it into police.

If you had an innocent intent when you took possession of the property, and your actions show that you were taking steps to bring the items to their owner or the police, a criminal defense attorney can use this as a defense for your case.

5. You Never Had Possession or Control of the Item

Verbally agreeing to take possession of stolen property is not the same as actually having control of or possessing the item. If you agreed to buy stolen property or agreed to possess it, but you never physically had it in your control, you never received stolen property.

In the state of Oklahoma, receiving stolen property with a value of less than $1,000 is a misdemeanor crime that carries a maximum fine of $500 and a county jail sentence of up to six months. If the property you received is valued at $1,000 or more, it is a felony charge that can carry a maximum fine of $500 and up to five years imprisonment in state prison.

If you receive stolen property, the conviction can be steep and life altering. Here at The Kanehl Law Firm P.L.L.C., we will vigorously work to defend you against criminal charges, get the charges against you dismissed, or obtain a plea deal that is beneficial to you, depending on the circumstances of your case. Call us now to get started.