In Kentucky the crime of Receiving Stolen Property is defined in KRS 514.110. A person is guilty of receiving stolen property when he receives, retains, or disposes of movable property of another knowing that it has been stolen, or having reason to believe that it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner. Furthermore, the possession by any person of any recently stolen movable property shall be prima facie evidence that such person knew such property was stolen.
Most often this charge is used when the police suspect, but cannot prove, that the defendant stole something. The charge of Receiving Stolen Property does not necessitate that the prosecution prove that you stole it, only that you received it and knew or should have known it was stolen. As evidenced by the definition, it is a much easier case to obtain a conviction. Whether a defendant stole the item(s) or was given the items makes them no less guilty of this charge.
The value of the item(s) provide for the applicable degree of the criminal charge. If the item(s) were less than $500, the charge of receiving stolen property is a misdemeanor. If the value is between $500 and $10,000, the charge is a D Felony, which is punishable by 1-5 years in prison. If the value is greater than $10,000, the charge is a C Felony, punishable by 5-10 years in prison. Other specific items: firearm or anhydrous ammonia are an automatic D felony regardless of the value and if the anhydrous ammonia is used to manufacture crystal meth, a smokeable form of methamphetamine, it may be considered a B Felony (10-20 years).
If you are charged with Receiving Stolen Property, you should hire a criminal defense attorney as soon as possible. First, anything that you say to the police can and will be held against you. There are also additional concerns which should be discovered as soon as possible in the case. The preliminary hearing is a good time to try to establish the value of the stolen property. Remember, if the value can be established under $500, this is a misdemeanor instead of a felony.
If you have been charged with Receiving Stolen Property or any other crime in Northern Kentucky, contact Michael W. Bouldin for a consultation. You can contact Mike at email@example.com or 859-581-MIKE (581-6453). Mike has been representing criminal defendants in Florence, Burlington, Covington, Newport and other areas in Northern Kentucky for over 15 years.