Michigan Receiving and Concealing Attorneys – Property Crimes Lawyers
Michigan Stolen Property Crimes Defense Attorneys
Many Michigan residents have had their lives and careers disrupted because of convictions for receiving and concealing stolen property and other property related crimes. The Kronzek Firm attorneys have successfully defended property crimes cases for nearly two decades. We offer free consultation and aggressive defense of all major felony crimes and all misdemeanors. Our attorneys are available during office hours and we always have an experienced Michigan criminal defense attorney on call after hours.
Receiving and Concealing Stolen Property
Michigan Law 750.535 prohibits the buying, receiving, possessing, concealing, or aiding in concealment of stolen, embezzled, or converted property, including motor vehicles. This is a crime that is typically charged by the prosecution when police don’t know who stole the property, but found someone in possession of it. Keep in mind that it is only a crime if the person being charged is aware that the property was stolen.
The Elements of Receiving and Concealing in Michigan:
In Michigan and elsewhere, all crimes are made up of elements. Elements are the component parts of the law that describe the crime. A prosecutor must prove each element in order to get a conviction.
The elements of receiving and concealing stolen property, which must be proven beyond a reasonable doubt, are:
- (1) the property was stolen;
- (2) the value of the property met the statutory requirement;
- (3) defendant received, possessed, or concealed the property with knowledge that the property was stolen;
- (4) the identity of the property as being that previously stolen; and (5) the guilty actual or constructive knowledge of the defendant that the property received or concealed was stolen. People v Pratt, 254 Mich App 425, 427; 656 NW2d 866 (2002).
Under this statute, one cannot equate stealing with an intent to permanently deprive an individual of property. Pratt goes on to state, “However, the statute does not define ‘stolen.’ In the absence of statutory definition of a term, this Court may consult dictionary definitions to determine the common meaning of a term. People v Morey, 461 Mich 325, 330; 603 NW2d 250 (1999). Random House Webster’s College Dictionary (2000), defines ‘steal’ as ‘to take (the property of another or others) without permission or right, esp. secretly or by force,’ and ‘to appropriate … without right or acknowledgement.’ For goods to be considered stolen under this definition, they need only be taken without permission or right; thus, ‘stolen’ goods encompass a broader category than just goods taken by larceny. Id. at 428.
Penalties for Receiving and Concealing
|If the property is valued at…||Then the following penalties apply…|
|$20,000 or more OR $1,000.00 through $20,000.00 + 2 or more prior convictions||Up to 10 years in prison, or a fine up to $15,000.00, or 3 times the value of the property, whichever is greater, or both. (felony)|
|$1,000.00 through $20,000.00 OR $200.00 through $1,000.00 + 1 or more prior convictions||Up to 5 years in prison, or a fine up to $10,000.00 or 3 times the value of the property, whichever is greater, or both. (felony)|
|$200.00 through $1,000.00 OR Less than $200.00 + 1 or more prior convictions||Up to 1 year imprisonment, or a fine up to $2,000.00 or 3 times the value of the property, whichever is greater, or both. (misdemeanor)|
|Less than $200.00||Up to 93 days, or a fine of not more than $500.00 or 3 times the value of the property, whichever is greater, or both. (misdemeanor)|
As part of a common scheme, the value of property from separate acts can be combined within any 12-month period to determine the total value of stolen property received, concealed, possessed, or purchased.
If the crime involves a motor vehicle, it is a felony with a maximum punishment of up to 5 years in prison, a fine up to $10,000.00 or 3 times the value, whichever is greater, or both.
For collectors and dealers—or employees of such, if there is a failure to reasonably inquire whether the person selling the items in question has a legal right to do so, there is a rebuttable presumption that the collector or dealer knowingly received stolen property.
A “fencing operation” is a continuing criminal enterprise involving the brokering of stolen goods. An individual knowingly buys stolen goods for resale, including within legitimate sales markets. If this operation spans across state lines, it is a violation of federal law with different, more expansive penalties.
We can Help!
Because of the seriousness of having a felony on your record, you are going to need an aggressive, expert defense attorney. We have been providing our Michigan clients with excellent representation for nearly two decades. We have an amazing record of courtroom accomplishments. We are available to consult with you about your case. You can reach us at 866-766-5245.