RECEIVING STOLEN PROPERTY
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Receiving Stolen Property means that the receiver has gained possession of the property. A person who is charged with receiving stolen property is, therefore, not an accessory of the person who feloniously obtains the property. As a consequence, a person charged with receiving stolen property can be convicted of the charge regardless of the status of the criminal proceedings against the thief.
A transfer of stolen property must occur to commit this crime. Receipt can also be established by the exercise of dominion and control over the property by the defendant, regardless of whether the defendant has manual possession of the stolen property. If you or a loved one is facing stolen property charges in Oklahoma, you need a Fierce Advocate and experienced criminal defense attorney on your case.
The statute for Receiving Stolen Property is OKLA. STAT. tit. 21 § 1713, which states that “every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.”
Elements of the Crime
In order to be convicted of Receiving Stolen Property in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) Receiving in exchange for anything of value or buying;
2) stolen or embezzled, fraudulently or feloniously obtained personal property;
3) with a value of: less than $1,000; $1,000-$2,499.99; $2,500-$14,999.99; $15,000 or more;
4) Known or believed, or should have known or believed, by the defendant to have been stolen or embezzled or fraudulently or feloniously obtained;
5) With the intent to deprive permanently, aid the theft, obtain some gain or reward for restoring the property to the owner, or derive a benefit or profit.
Oklahoma Jury Instruction #5-111.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Receiving Stolen Property in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.