What are Possible Defenses against an Accusation of Receiving Stolen Property?
Receiving stolen property is a crime, so all the defenses available for other crimes can be used. Common defenses include: • Insufficient evidence – To be convicted of receiving stolen property, the property received must in fact be stolen and you either must know or should have known it was stolen. Mere possession of stolen property is not enough evidence to convict. But it can be inferred from the circumstances that you should have known the property was stolen. For example, if you buy goods from the back of a van in a dark alley, you should have known the property was stolen. • Entrapment – Entrapment occurs when the government compels an innocent person to commit a crime they would have otherwise not committed. However, simply being offered an opportunity to act is not considered entrapment. An experience attorney would be able to tell you whether a situation is only an opportunity or entrapment. • Insanity – Insanity is always a possible defense, but it is a “tough sell” in any co