In order to prove this offense, the Commonwealth must prove each of the following beyond a reasonable doubt:
First: That the property in question was stolen;
Second: That the defendant knew that the property had been stolen; and
Third: That the defendant knowingly had the stolen property in his or her possession and/or bought the stolen property or aided in concealing the stolen property.
Penalty
First Offense:
If the value of such property does not exceed $1,200 then imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $3,000;
If the value of such property exceeds $1,200 then imprisonment in the house of correction of not more than 2 ½ years or imprisonment in the state prison for not more than 5 years and/or a fine up to $3000.00.
Second Offense:
If the value of such property does not exceed $1,200, then by imprisonment in the house of correction for not more than 2 ½ years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $5,000 or by both such fine and imprisonment; or if the value of such property exceeds $1,200 by imprisonment in the house of correction for not more than 2 ½ years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $5,000 or by both such fine and imprisonment. G.L. c. 266 § 60.
Defenses
In many cases the person charged does not have actual knowledge that the item was stolen and just as important, the prosecutor is unable to show that he or she did in fact have such knowledge. These types of cases or often difficult to prove and as a consequence, they are often dismissed or dropped altogether.
JD Molleur Law has represented many clients accused of receiving stolen property and all other crimes in courts throughout the state. JD Molleur Law consistently achieves the best possible results for their clients. If you have been charged with receiving stolen property or any other crime in Massachusetts, do not hesitate to contact JD Molleur Law, at 508.579.8333.
This information does not constitute legal advice and is written for general information purposes only. Individuals should consult with a lawyer for specific legal advice.
