QUESTION

Is possession of stolen property a felony or a misdemeanor?

Asked on Mar 07th, 2013 on Criminal Law - Texas
More details to this question:
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10 ANSWERS

Michael J. Breczinski
In many States that depends on the value of the items.
Answered on Mar 11th, 2013 at 7:46 PM

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Whether the offense of receiving stolen property is a felony or a misdemeanor depends on the value (dollar amount) of the stolen property. If the value of the property does not exceed $250, then the crime is classified as a misdemeanor and is punishable by imprisonment of not more than two and one half years in a jail or house of corrections, or by a fine of no more than $250. However, if the stolen propertys value exceeds $250, the offense is classified as a felony and is punishable by imprisonment in a state prison for not more then five years, or by imprisonment in a jail or house of correction for not more then two and one half years or by a fine of not more then five hundred dollars. Contact an a criminal defense attorney if you have been charged with possession of stolen property.
Answered on Mar 08th, 2013 at 9:53 AM

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John J. Carney
It is a misdemeanor if the property is worth under $1,000 and a felony if it is over $1,000 or a stolen credit card. If the store cannot prove you shoplifted the police might still charge you with possession of stolen property.
Answered on Mar 08th, 2013 at 5:41 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It is usually a felony.
Answered on Mar 08th, 2013 at 1:34 AM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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Depends on the state statute and the value of the property.
Answered on Mar 08th, 2013 at 1:33 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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If you receive or conceal stolen property or aid someone in receiving or concealing stolen property, it could be either a felony or a misdemeanor. It depends on the value of the property. If the value is less than $200, it's a 93-day misdemeanor. If the value is $200 to $1,000, it's a one-year misdemeanor. Beyond that value, you started getting into felony classification which again, depends on the value of the property. In order to be convicted you have to know or have reason to know (i.e. you should have known) that the property was stolen.
Answered on Mar 08th, 2013 at 1:19 AM

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Criminal Law Attorney serving Boulder, CO
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Depends on value of property - over 1000 or 1500 is felony (it changes every few years) to be guilty, you have to know property is stolen (or should know).
Answered on Mar 08th, 2013 at 1:12 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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This will be dependent upon the charges brought by the prosecuting attorney.
Answered on Mar 08th, 2013 at 1:06 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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It depends upon the value of the preoperty.
Answered on Mar 08th, 2013 at 12:53 AM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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"Possession of stolen property" is not itself an offense. One is charged with theft if they possess recently stolen property and offer no immediate logical explanation. Here is the code dealing with the level. Depends on the value: (e) Except as provided by Subsection (f), an offense under this section is: (1) a Class C misdemeanor if the value of the property stolen is less than: (A) $50; or (B) $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; (2) a Class B misdemeanor if: (A) the value of the property stolen is: (i) $50 or more but less than $500; or (ii) $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or (B) the value of the property stolen is less than: (i) $50 and the defendant has previously been convicted of any grade of theft; or (ii) $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; (3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500; (4) a state jail felony if: (A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or any part thereof under the value of $20,000, or less than 100 head of sheep, swine, or goats or any part thereof under the value of $20,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft; or (E) the property stolen is an official ballot or official carrier envelope for an election; (5) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is: (A) 10 or more head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $100,000; or (B) 100 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000; (6) a felony of the second degree if the value of the property stolen is $100,000 or more but less than $200,000; or (7) a felony of the first degree if the value of the property stolen is $200,000 or more. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or (3) the owner of the property appropriated was at the time of the offense an elderly individual.
Answered on Mar 08th, 2013 at 12:46 AM

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