As Denver Criminal Defense Lawyers, one of the more common charges we tend to see in Colorado is Theft by Receiving. In a nutshell, you can be charged with Theft by Receiving when you receive anything of value of another, knowing that said thing of value has been stolen, and you intend to keep the thing of value.
More often than not, these financial crimes tend to get charged when a person has gotten a "too good to be true" on a car or piece of electronic equipment like a receiver or an HD television, and they knew or "should have known" that with a deal this good, the merchandise was bound to be "hot" or stolen.
I bought a TV in a parking lot outside of Walmart, I didn't know it was stolen so the state has to dismiss charges right?
Unfortunately, no, that is wrong. The state does not care whether you personally knew that the item was stolen or not. The standard used in court is whether a "reasonable person" in your position knew or should have known that the item was stolen. Many prosecutors sometimes refer this to as the "common sense approach." Joe is shopping for a TV and he parks his car outside a store. Somebody opens the back of a van and Joe sees a few nice TV's sitting in there new in box. He is offered a purchase price of $400 for what Joe believes is an $2,200 television.
In this instance, Joe's common sense tells him that something does not add up here. But he doesn't worry about it, after all, it's not like he knows for a fact that these TV's are stolen goods. Plus, Joe thinks even if he is caught, he will just be honest and say he never knew where the TV came from; he just knows he got a good deal. Unfortunately Joe is about to be charged with a felony Theft by Receiving in Colorado.
The one thing that makes district attorneys in Denver County, Arapahoe County, Douglas County, Jefferson County, Boulder County, or any other jurisdiction irate is when a defendant claims ignorance. As Theft Defense attorneys in Colorado, we have seen people get charged and convicted of these felonies and have their reputation ruined and their career and record damaged. Be smart, be honest, and don't commit the crime.
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But if you are charged, don't turn one mistake into two mistakes. Call Shazam Kianpour and talk to him about your rights, your case, and your chances. We are happy to give you a free consultation any time you call us at 303-578-4036. At Shazam Kianpour & Associates we are Denver Theft by Receiving Defense lawyers, and we make your priorities, our priorities. Email or call us today!