If you’re facing a possession of stolen property charge, you’re likely stressed and overwhelmed, wondering what to do next. Remember, you are innocent until proven guilty. Exploring how to beat a possession of stolen property charge in Colorado and hiring an experienced Greeley criminal defense attorney to represent you can improve your chances of successfully defending these charges.
What Is a Possession of Stolen Property Charge?
First, understand exactly what you have been charged with. In Colorado, law enforcement does not have to witness you stealing something to introduce theft charges. If an officer finds that you are in possession of stolen items, even if you did not steal them yourself, you may face criminal charges.
The official charge is “obtaining control over any stolen thing of value,” and the penalty depends on the value of the stolen item. Receipt of stolen property worth less than $300 is a petty offense that can leave you with up to 10 days in jail and/or up to $300 in fines. On the opposite end of the spectrum, receipt of property worth more than $1 million is a class 2 felony that can land you in prison for up to 24 years.
3 Defense Strategies for Possession of Stolen Property Charges
An experienced criminal defense attorney will evaluate every detail of your arrest to determine how to beat a possession of stolen property charge in Colorado. Attorneys often use any of the following defense strategies.
1. Lack of Knowledge That the Property Was Stolen
Possession charges are sometimes easier to disprove than theft charges because of one key concept: lack of knowledge. Many circumstances may have led you to own stolen property that you did not know was stolen, such as:
- Someone gave you the item as a gift.
- You purchased the item from someone.
- Someone planted the item in your home.
- You were a piece in a greater money laundering scheme or theft ring.
The prosecution has the burden of proving that you knowingly received stolen items. Understanding how to beat a possession of stolen property charge in Colorado often boils down to defending this claim.
2. Legitimate Claim to the Property
Perhaps you had an idea that the property you received was stolen, yet you have a legitimate claim to it (or you believed you did). Examples of this stolen property defense include:
- You took back an item you believed was yours but was actually stolen property.
- You purchased the item from someone who stole it.
- You have documented evidence showing your rightful possession of it.
- You reasonably believed that the owner of the property authorized your use of it.
These criminal defense strategies also take advantage of the prosecution’s burden of proof. It is challenging for the prosecution to prove that you had knowledge of the property’s origin or nature.
3. Illegal Search or Improper Stop
Colorado theft laws still require law enforcement officers to have a lawful reason to stop and detain you. If they did not see you stealing from a store, they may not have had a legitimate reason to search your person or your property for stolen items. Neither can police officers enter your property without a search warrant or your express permission.
These legal defenses can help you counter the prosecution’s evidence against you, potentially leading to a theft charge dismissal.
Find Out How To Beat a Possession of Stolen Property Charge in Colorado
Knowing how to beat a possession of stolen property charge in Colorado starts with hiring an effective attorney to defend you. Contact Grant & Associates Law Firm today at 970-356-5666 or fill out our online form to schedule a free attorney consultation.