If you are aware of a theft and you hold onto or receive the stolen property in your possession, are you guilty? It seems like a no brainer, but many find this line of the law to be confusing. The fact is that if theft and receiving stolen property is occurring and you are aware of it you are just as guilty in the eyes of the law as the person who stole it.

However, if you unaware that the property you have received is stolen then the legality of your guilt is shadowed. When this happens, many times it is a he said, she said type of scenario. There is a burden of proof by the law to confirm that you were aware the property was stolen.

It is also punishable by law if the property if of a certain dollar amount. Over five thousand dollars is the legal minimum to prosecute someone for this crime. There are other factors such as transferring over a state border and attempting to conceal the stolen property.

The prosecutor also has the burden to prove that you knew that the property was stolen. They also have to prove that you knowingly concealed the fact that you had the property. These facts are their responsibility. If you have proof that you were not aware the property was stolen, then it is your theft defense attorney’s job to prove it.

Many states have separate penalties for the crime of receiving stolen property and the possession of stolen property. If you are charged with both they are considered separate offense. A prosecutor in this circumstance will attempt to charge you with both crimes and make at least one stick. If you happen to be found guilty of both, the penalty is larger.

These charges are minor felonies but they are in fact felonies and punishable by law. So, if you become aware that property you have received is stolen you need to turn it in immediately. Contact your local law enforcement offices to release the property. You will need to state where the property came from and will be questioned, but cooperating with the law is your best bet of not being convicted yourself.

Another option you can go with is to go to a Houston theft defense lawyer and make them aware of the situation. They can aid you legally in turning in the property and protect you legally from harm. They know the statutes. Do not think that you are any less guilty if you have stolen property. If you become aware you need to handle it to protect yourself from being prosecuted yourself.

Mr. Gonzalez is a Houston Criminal Lawyer and composes general articles about legal subjects. None of his articles are intended to be legal advice. If are accused of theft in the state of Texas, please contact a Houston theft defense lawyer to help you with your case.