占有被盗财产抗辩

我们都听过这种说法:占有是法律的十分之九.“它在很多情况下都有使用, sometimes correctly and sometimes incorrectly, but it means that ownership is easier to maintain if someone physically has something, 如果他们不这样做，就很难执行. 这不是真正的法律规则, 然而, as the law requires the right to possess as well as actual possession. It’s common for people to misjudge the seriousness of the situation if they are in possession of something that isn’t rightfully theirs. 事实上, it’s very possible to be convicted of a theft crime, even if the person has not actually stolen anything.

在印第安纳州, 接收赃物, which also means retaining in the eyes of the law, 是应受惩罚的罪行. 法律规定 “a person who knowingly or intentionally exerts unauthorized control over property of another person, with the intent to deprive the other person of any part of its value or use, 犯盗窃.施加控制意味着“获得”, 取, 携带, 开车, 引走, 隐藏, 放弃, 出售, 传达, 拖累, 或者拥有财产, 或者确保, 转移, 或者扩展财产权.” Claiming you didn’t know an item was stolen is not likely going to be enough to let you off the hook if you’re found with the stolen property. If it’s decided by a court of law that a reasonable person should have known the item was stolen, 你可能会面临牢狱之灾.

The difference between the word “theft” and what “theft” means in legal terms is what makes consulting an attorney so important. The charge of 接收赃物 is often a backup charge used when the police are unable to find direct evidence that a person stole the property in question. 如果这个人有偷窃的嫌疑, but they are charged with receiving/possessing, it doesn’t matter whether the person is guilty of actually stealing. The prosecution simply needs to prove that a person received the property and either knew or should have known it was stolen. Proving someone had stolen property and should have known it was stolen is much easier to prove than actual theft.

Being accused of theft or possession can be embarrassing, but don’t lose hope. You may have simply exhibited poor judgment. 每个人都应该有第二次机会. An experienced criminal defense attorney is often successful in helping you get a reduced charge or, 至少, 公平交易. 如果你没有偷窃罪, which extends to truly not knowing the stolen property was in fact stolen, 你很有可能避免罚款, 牢狱之灾, 在你的档案上留下永久的印记.

The severity of the penalty generally depends on the value of the property.

Punishments for possession of stolen property can be either those for a misdemeanor or a felony as follows:

• A类轻罪 – the total property value is less than $750 (possible $5,000 fine and up to a year in prison)
• 六级重罪 – the total property value is more than $750 but less than $50,000, 武器, or you have been convicted of a previous theft crime (carries a sentence of 6 months to 2.5年监禁)
• 五级重罪 – the total property value is equal or greater than $50,000, 财产是贵重的金属, relates to transportation or public safety, 或者是从医疗机构取的, telecommunications provider or public utility (carries a sentence of 1 to 6 years in prison).

肯塔基州 law defines theft very similarly to 印第安纳州, but the penalties for possession differ:

• A类轻罪 – the total property value is less than $500, and the property is not 武器 or anhydrous ammonia (up to a $500 fine and up to 1 year in prison)
• D级重罪 – total property value is between $500 and $10,000, or the property is 武器 of any value or anhydrous ammonia (carries a sentence of 1 to 5年监禁)
• C级重罪 – total property value is greater than $10,000 ($1,000 to $10,000 fine and 5 to 10 years in prison)
• B级重罪 – the property is anhydrous ammonia with the intent to manufacture crystal meth (10 to 20 years in prison).

It’s important to remember that an accusation is not the same as a conviction, and there are many ways our IN possession of stolen property defense attorneys can help. We know how the 印第安纳州 criminal justice system operates and how to use the unique circumstances of each case to develop a thorough defense strategy that 取s advantage of every opportunity for case dismissal, 减少电荷, 句子还原, 以及监禁的替代方案.

We proudly serve communities throughout 肯塔基州 and 印第安纳州 including, 但不限于, 杰佛逊县, KY; Floyd County, IN; Clark County, IN; and Harrison County, IN. If you have been accused of or arrested for having stolen property, let us plan the aggressive defense that you will need. To get more information and explore your options, 接触教会, 兰登, Lopp, Banet Law today by calling 812-725-8224 or filling out our online form. The initial consultation is free, so you have nothing to lose. Whatever the specifics of your case, we are relentless in fighting for you.

马克·陶菲克律师

Marc is a 肯塔基州 native, having lived and worked in the state the majority of his life. He is a licensed attorney in 肯塔基州 and 印第安纳州, 他的重点是试验工作, including civil litigation and criminal defense. He has represented a wide variety of clients, and he is committed to putting his clients’ needs first. [ 律师生物 ]