Receiving stolen property is a criminal offense under Ohio law, prohibiting individuals from knowingly receiving, retaining, or disposing of property that has been stolen. Governed by Ohio Revised Code (ORC) § 2913.51, this offense carries serious consequences and often overlaps with other theft-related crimes, depending on the item received.
Cincinnati Attorney for Receiving Stolen Property
If that new deal on Facebook marketplace seems to be true, be careful. There is a high likelihood that the items you are tying to buy are in fact stolen property. Unfortunately, Ohio law enforcement may interpret state law to mean that your lack of care from where the property came from was willful ignorance, which is not an excuse under 2913.51.
If you have been charged with receiving stolen property in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Receiving Stolen Property in Ohio
- Petty Theft under Ohio Law
- Types of Property
- Penalties for Receiving Stolen Property
- Examples of Receiving Stolen Property
- Defenses to Receiving Stolen Property Charges
- Collateral Consequences
- Preventing Charges for Receiving Stolen Property
- Hire a Criminal Defense Attorney for Receiving Stolen Property Charges
Statutory Framework
Under ORC § 2913.51, receiving stolen property occurs when an individual knowingly receives, retains, or disposes of property that has been stolen. The law aims to deter individuals from benefiting from or facilitating theft by punishing those who knowingly deal with stolen items.
Key Elements of the Crime
To secure a conviction for receiving stolen property, the prosecution must prove the following elements beyond a reasonable doubt:
- Knowledge: The defendant knew or had reasonable cause to believe that the property was stolen.
- Possession or Control: The defendant received, retained, or disposed of the stolen property.
- Intent: The defendant intended to benefit from the property or facilitate its transfer to another party.
Types of Property
The statute applies broadly to various types of property, including:
- Tangible goods (e.g., electronics, vehicles, or jewelry).
- Financial instruments (e.g., checks or credit cards).
- Intangible items (e.g., intellectual property).
Penalties for Receiving Stolen Property
The penalties for receiving stolen property in Ohio depend on the value of the stolen items and the type of property involved. The severity of the charge increases with the value or nature of the property.
Misdemeanor Offenses
- Property Valued Under $1,000:
- Classified as a first-degree misdemeanor.
- Penalties: Up to 180 days in jail and a fine of up to $1,000.
Felony Offenses
- Fifth-Degree Felony:
- Property valued between $1,000 and $7,500.
- Penalties: 6 to 12 months in prison and fines up to $2,500.
- Fourth-Degree Felony:
- Property valued between $7,500 and $150,000.
- Penalties: 6 to 18 months in prison and fines up to $5,000.
- Third-Degree Felony:
- Property valued between $150,000 and $750,000.
- Penalties: 1 to 5 years in prison and fines up to $10,000.
- Second-Degree Felony:
- Property valued over $750,000.
- Penalties: 2 to 8 years in prison and fines up to $15,000.
- Special Cases:
- Receiving a stolen motor vehicle, firearm, or dangerous ordnance often results in enhanced penalties.
Examples of Receiving Stolen Property
- Purchasing an item at a price significantly below market value without verifying its legitimacy.
- Keeping a smartphone found in suspicious circumstances without attempting to return it.
- Selling items that were known to be stolen or obtained illegally.
Defenses to Receiving Stolen Property Charges
Several defenses may be available to individuals accused of receiving stolen property. The viability of these defenses depends on the specific facts of the case:
- Lack of Knowledge:
- Arguing that the defendant did not know or have reason to believe the property was stolen.
- Example: Buying an item from a reputable seller without any indication it was stolen.
- Mistaken Identity:
- Demonstrating that the defendant was not the individual who received, retained, or disposed of the stolen property.
- Lack of Possession or Control:
- Showing that the defendant did not possess or have control over the stolen property.
- Violation of Constitutional Rights:
- Challenging evidence obtained through unlawful search or seizure.
Collateral Consequences
A conviction for receiving stolen property can lead to significant collateral consequences beyond criminal penalties:
- Employment Difficulties:
- Many employers view theft-related offenses as a breach of trust, which can hinder job opportunities.
- Housing Challenges:
- Landlords may deny applications from individuals with theft-related convictions.
- Reputational Harm:
- A criminal record for receiving stolen property can damage personal and professional relationships.
Preventing Charges for Receiving Stolen Property
To avoid inadvertently receiving stolen property, individuals should:
- Exercise Due Diligence:
- Verify the legitimacy of items purchased from private sellers or secondhand markets.
- Document Transactions:
- Keep records of purchases, including receipts and communications with sellers.
- Report Suspicious Items:
- Notify law enforcement if you suspect an item is stolen.
Hire a Criminal Defense Attorney for Receiving Stolen Property Charges
If you have been charged with resisting arrest in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.