Possession of property obtained by crime (under $5000)

What Is Possession of Property Obtained by Crime Under $5000?

Possession of property obtained by crime under $5000 is a criminal offense that occurs when an individual knowingly possesses property that has been acquired through illegal means, such as theft, fraud, or another criminal act. The law specifically addresses property valued at less than $5000.

In many cases, these offenses can involve stolen goods, items obtained through fraud, or items acquired through other criminal activities. To be convicted of this crime, the individual must have had knowledge that the property was unlawfully obtained.

Legal Definition and Key Elements of the Offense

For a conviction to be secured under the offense of possession of property obtained by crime under $5000, the following key elements must be proven:

Possession: The individual must have had possession or control over the property. This can include physical possession or the ability to control the property in some way, such as storing it or passing it on to someone else.
Knowledge of Criminal Origin: The individual must know, or should reasonably know, that the property was obtained through illegal means. This means that even if someone didn’t directly steal the property, they could still be charged if they had reason to believe it was stolen.
Value of Property: The value of the property in question must be under $5000. If the value exceeds this threshold, the charge may differ.

Even if an individual wasn’t involved in the direct theft of the property, they could still face charges for possessing stolen goods or other property that was unlawfully obtained.

Penalties for Possessing Property Obtained by Crime Under $5000

The penalties for possession of property obtained by crime under $5000 can vary depending on the circumstances, but they may include:

Imprisonment: A conviction can lead to a maximum of two years in prison, depending on the seriousness of the offense and whether there were aggravating factors.
Fines: A fine may be imposed as an alternative or in addition to a jail sentence, especially in cases where the defendant is not seen as a serious threat to public safety.
Probation: In some cases, the court may issue probation rather than jail time, requiring the defendant to comply with certain conditions, such as community service, counseling, or reporting to a probation officer.

Additionally, individuals convicted of possession of property obtained by crime may face a criminal record, which can have significant long-term consequences for employment opportunities, travel, and personal reputation.

Common Defenses to Possession of Property Obtained by Crime

There are several potential defenses that an individual may use if they are charged with possession of property obtained by crime under $5000:

Lack of Knowledge: One common defense is that the individual was unaware that the property was stolen or obtained illegally. For example, if someone buys an item from a third party and didn’t know it was stolen, they might argue that they had no knowledge of its criminal origin.
No Possession: Another defense might be that the individual did not actually possess the property. For example, if the property was in their house but they did not have control over it or were unaware of it being there, they might argue they didn’t actually “possess” it.
Mistaken Identity: The defense might also argue that the person being charged is mistaken for someone else or that they were not involved in the possession of the property.

Steps to Take if You’re Facing Charges

If you are facing charges of possessing property obtained by crime under $5000, it is essential to take immediate action. Since a criminal record can significantly impact your future, it’s crucial to understand your rights and seek professional assistance to navigate the legal process.

Here are some steps you should consider:

Consult with a Paralegal: A licensed paralegal can assist with document preparation, filing necessary motions, and providing advice on the best course of action. While paralegals cannot represent you in court, they can guide you through the legal process and help with your defense strategy.
Review the Evidence: Carefully review the evidence against you. If the prosecution cannot prove that you had knowledge that the property was obtained by crime, it may weaken their case.
Consider Negotiation: In some cases, it may be possible to negotiate a resolution with the prosecution. A paralegal can help negotiate plea agreements or reduced charges, which may lead to lesser penalties.

How a Paralegal Can Assist

While paralegals are not authorized to represent you in court, they can play a key role in assisting with the legal process. A paralegal can help with tasks such as:

Filing Documents: They can help prepare and file the necessary legal documents related to your case.
Providing Advice: They can give you advice about the charges you’re facing, possible defenses, and legal options available to you.
Representing You in Certain Proceedings: Paralegals can represent clients in specific legal matters such as hearings, tribunal proceedings, and other non-court-related issues.

Get Help Today

If you’re facing charges for possession of property obtained by crime under $5000, don’t face it alone. Reach out to a licensed paralegal for guidance and assistance with your case. Contact us today for a consultation, and let us help you navigate this complex legal process.