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In Michigan, buying, receiving, possessing, or concealing stolen property is illegal. This means that you can be charged with a felony offense if you are found to have knowingly bought or possessed stolen property. In addition, if you unknowingly buy the stolen property and later find out that it is stolen, you must forfeit the stolen property to the police so that it can be returned to its rightful owner.
If you or someone you know has been charged with receiving, possessing, or concealing stolen property in Michigan, an experienced criminal defense attorney can help. The attorneys at George Law are skilled and knowledgeable criminal defense attorneys ready to use that knowledge to develop a strong defense in your case. Contact us today for a case evaluation by calling us at (248) 247-7459 or by filling out our online form to learn more about your legal options.
Elements For Receiving Stolen Property
Under Michigan law, a person cannot be convicted of receiving and concealing stolen property unless the prosecution can prove the following beyond a reasonable doubt:
- The property was stolen or represented to the defendant as being stolen, embezzled, or converted property;
- The defendant bought, received, possessed, concealed, or aided in the concealment of the stolen property; and
- That the defendant knew or should have known that the property was stolen when they bought or received the stolen property.
Penalties For Receiving Stolen Property
Receiving or concealing stolen property is a serious crime and can result in either a misdemeanor or a felony conviction, depending on the value of the stolen property. You will receive a misdemeanor for the following:
- If the value of the stolen property is less than $200, you can face up to 93 days in jail and a fine up to three times the value of the property stolen or concealed.
- If the value is greater than $200 but less than $1,000, you can face up to one year in jail and a fine up to three times the value of the property.
- If you have a prior conviction for committing or attempting to commit a stolen property crime and the value of the current stolen property is less than $200, you will also face up to one year in jail and a fine based on the value of the stolen property.
If any of the following apply, you can be convicted of a felony that is punishable by up to five years in prison and a fine up to three times the value of the property stolen.
- The value of the property is more than $1,000 but less than $20,000, or
- The defendant has a prior conviction for a stolen property crime, and the value of the stolen property they are being charged with is more than $200 but less than $1,000.
If the value of the stolen property is $20,000 or more, the defendant can face a felony conviction and up to ten years in prison and a fine that is three times the value of the stolen property. If the stolen property was a motor vehicle, they could receive a felony conviction with a penalty of up to five years in prison unless they have a prior conviction for receiving or concealing a stolen vehicle. If the defendant has a prior conviction for receiving or concealing a stolen vehicle, the sentence can be increased to ten years in prison.
In addition to prison time and hefty fines, someone convicted of receiving stolen property can be required to pay the victims of the criminal restitution to replace the value of the stolen property and can face the following consequences:
- Difficulty obtaining employment
- Difficulty obtaining public housing opportunities
- Difficulty getting into college
- Community service hours
- Regular check-ins with a parole or probation officer
Fencing Operation
If someone is believed to have a continuous criminal operation involving the buying and selling of stolen property, they may be charged with federal racketeering charges. Racketeering can result in up to 20 years in prison and a fine of up to $100,000. If you are suspected of racketeering because you possessed the stolen property, it is important to get ahead of the charges by hiring an experienced criminal defense attorney.
Defenses For Receiving Stolen Property
The main defense against a receiving stolen property charge is that the defendant did not know that the property was stolen. However, it is not always a defense that the property was not stolen because if the defendant thought it was stolen and it was explicitly represented as stolen property, they can be convicted for receiving or concealing stolen property under Michigan law.
Do due diligence on the properties you purchase if there is any reason to believe it is stolen. Failing to do your due diligence can result in extreme consequences that may follow you for the rest of your life. An experienced criminal defense attorney will receive the facts of your case and develop the best defense strategy possible in your case.
Expungement Of Receiving Stolen Property Convictions
A stolen property conviction may be eligible for expungement under Michigan law. As of April 12, 2021, you can have three felonies and an unlimited number of misdemeanors expunged from your record.
Contact Us Today!
The attorneys at George Law understand how a charge for stolen property can affect your life and want to fight for your best interests. Our team will review your case and determine the best path forward to preserve your rights and reduce the impact the charges have on your life. Contact us today at (248) 247-7459 or online for a case evaluation and to learn more about your legal options.