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Receiving Stolen Property

Being charged with receiving stolen property in Cleveland can happen to almost anyone. It could be a simple misunderstanding or maybe you were just in the wrong place at the wrong time. But it’s a serious charge with very real consequences. It’s best to deal with any theft related offense the right way and contact an experienced attorney.

If you are arrested or charged with receiving stolen property, contact The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 to schedule a free consultation. Let a knowledgeable and dedicated defense lawyer explain your rights and what to expect.

What is Receiving Stolen Property?

Ohio Revised Code 2913.51 deals entirely with receiving stolen property in Ohio. Put simply, it illegally receiving, retaining, or disposing of property you knowingly or had reasonable cause to know was stolen.

Receiving stolen property (often referred to as RSP) is a theft-related offense and punishable as a first-degree misdemeanor to a fifth-degree felony, depending on the circumstances.

How to Defend Against RSP

A major factor in proving guilt in a receiving stolen property case is establishing what you knew or reasonably knew at the time. Therefore, it’s a common defense to claim that you had no reasonable belief/did not know the property was stolen.

However, there are a number of circumstances that limit this defense. For example, if you paid far below market value for the item or knew the person selling it had a history of theft, you could still be charged.

When someone is found in possession of stolen goods or property, it’s not always easy to explain the situation yourself. It’s always best to remain silent and work with a lawyer to clear up any misunderstanding about what you knew and when you became aware.

Some possible defenses receiving stolen property that may apply to your case include:

  • Entrapment: someone coerced you or deceived you into holding onto their illegal/stolen property.
  • Insufficient evidence: there isn’t enough proof to show you received, retained, or disposed of stolen property.
  • Intoxication: you could not mentally recognize that the property was stolen.
  • Incapacitation: you were unable to prevent someone from putting stolen property under your control.

Receiving Stolen Property Penalties

The penalties for receiving stolen property in Ohio vary according to the amount or value of the property in addition to other circumstances.

RSP is a first-degree misdemeanor if the stolen property is worth less than $1,000. As a first-degree misdemeanor, the possible penalties are up to six months in jail and maximum $1,000 fine.

For property valued at more than $1,000, RSP is a felony with much harsher consequences.

Specifically receiving a stolen credit card, blank check, DMV form, license plate, or blank license plate, are all automatic fifth-degree felonies with penalties between six-12 months in prison and maximum $2,500 in fines.

If the stolen property is worth between $1,000 and $7,500, it is also a fifth-degree felony.

If the stolen property is a motor vehicle, dangerous drug, firearm, or property valued between $7,500 and $150,000, it’s a fourth-degree felony, punishable by six-18 months in prison and fines up to $5,0000.

For property valued at $150,000 or more, receiving stolen property results in a third-degree felony. And if convicted, it carries between nine months and three years in prison, plus a maximum fine of $10,000.

A receiving stolen property conviction also has long-lasting consequences beyond prison and fines. A criminal record can cost you good jobs, loans, and other opportunities. It can result in losing custody of your children, immigration problems, and other challenges.

Let a Cleveland Theft Lawyer Help You

Receiving stolen property is a serious offense, but there is a lot an experienced lawyer can do. Depending on the details, you may be able to have the case dismissed, reduced, or lessen the impact on your life.

If you are charged with receiving stolen property or possession of stolen property in the Cleveland area, contact a local defense lawyer immediately. As a former Cuyahoga County prosecutor attorney Daniel M. Margolis can walk you through the process, explain all your options, and work to secure the best possible result.

Call The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 today to schedule a free consultation.

Contact Dan Margolis Today

To learn more about how theft and fraud defense attorney can help, call (216) 533-9533 and schedule a confidential, initial consultation.

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