If arrested for selling stolen property that you did not know was stolen, can the pin the burglary on you as well?

Get Legal Help Today

 Secured with SHA-256 Encryption

If arrested for selling stolen property that you did not know was stolen, can the pin the burglary on you as well?

Asked on April 2, 2014 under Criminal Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Selling stolen property and burglary are separate charges.  The prosecutor must prove each charge beyond a reasonable doubt to obtain a conviction.  Merely having stolen property in your possession does not automatically mean that you committed burglary.

As for the stolen property charge, your defense should be that you did not know the property was stolen.

Burglary is the breaking and entering with the intent to commit a felony therein.  The prosecutor must prove each element beyond a reasonable doubt in order to obtain a conviction for burglary.

If someone else provided you with the property, that individual is the person who probably committed the burglary.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption