If you have been charged with possession of stolen property in Oklahoma, understanding the different aspects of this offense is critical. Many who face this charge are unsure whether or not this is considered a felony offense, which can increase anxiety surrounding this matter. As such, if you are facing criminal charges for owning property that was stolen, the following blog explores what you should know about the potential consequences, the elements necessary to prove your guilt, and the importance of working with an Oklahoma City felony defense lawyer to explore your legal options during this complicated time.
What Penalties Will I Face if Convicted of Possession of Stolen Property?
Possession of stolen property in Oklahoma is a serious criminal offense that can be charged as a misdemeanor or felony, depending on the circumstances of the theft. Generally, the most important factor in determining how this is charged is the value of the stolen goods. Essentially, if the value of the stolen property that you are in possession of is less than $1,000, you’ll face a misdemeanor offense that carries up to six months in jail and a $500 fine. However, if the property exceeds $1,000, this warrants a felony charge. The penalties you can face will depend on the judge, as you can face either one year in county jail or up to five years in a state prison.
How Does the Prosecution Prove This?
Unfortunately, it’s important to understand that, under Oklahoma law, a reasonable inquiry is required. Essentially, this means that anyone who buys, receives, conceals, withholds, or aids in these actions can be criminally charged if they do not make a reasonable inquiry regarding the legality of the item. For example, if you purchase a designer purse on a street corner for $150 but do not ask the seller if the product is legal, you can be held liable. Essentially, the law states that if a deal seems unreasonably good, you should take the necessary steps to ensure the product is not stolen.
To prove you are guilty of this offense, the prosecution must show three different elements. They must demonstrate that you received the stolen property, the property in question was stolen, and you knew or should have known the property was stolen.
In some instances, such as making an inquiry and being assured that it’s a knock-off or secondhand item, you can defend your actions by showing that you did take reasonable steps to ensure the legality of the item.
As you can see, navigating a charge for possession of stolen goods can be incredibly difficult in Oklahoma. That is why it’s in your best interest to connect with an experienced attorney with the Jones Firm, PLLC, to help you explore your legal options. Our team will do everything in our power to help you fight for the best possible outcome for your unique circumstances. When you need help, do not hesitate to contact our office today to discuss your circumstances and embark on the journey of fighting for justice.
