Confronting a receiving stolen property charge in Massachusetts can come as a surprise to many defendants—especially those who claim they didn’t know an item was stolen. However, under state law, this offense can carry serious criminal penalties, including jail time and a permanent criminal record. Understanding how Massachusetts defines, prosecutes, and defends against these charges is essential for anyone facing them.
What Is “Receiving Stolen Property Charge” Under Massachusetts Law?
Massachusetts General Laws Chapter 266, Section 60 defines receiving stolen property as buying, receiving, possessing, or aiding in the concealment of property knowing that it was stolen, or having reason to believe it was stolen.
The law applies not only to physical goods but also to money, vehicles, and any item of value.
To secure a conviction, the Commonwealth must prove beyond a reasonable doubt that:
- The property was stolen.
- The defendant knew or had reason to know the property was stolen.
- The defendant knowingly possessed, purchased, or concealed the property.
If any of these elements are missing—particularly knowledge of the property’s status—the charge may fail.
How Massachusetts Courts Evaluate “Knowledge”
One of the most contested elements is whether the defendant knew or should have known the property was stolen. Prosecutors often rely on circumstantial evidence rather than direct proof.
Examples include:
- Purchasing high-value items at a suspiciously low price.
- Possessing property soon after it was reported stolen.
- Removing or altering identifying marks, like serial numbers.
- False or inconsistent explanations about how the property was obtained.
The prosecution does not need to prove that the defendant knew the exact theft that occurred—only that they were aware or should have been aware the item was unlawfully obtained.
Penalties for Receiving Stolen Property
The severity of penalties depends on the value of the property involved:
- Value over $1,200: Felony; punishable by up to 5 years in state prison or up to 2.5 years in jail.
- Value $1,200 or less: Misdemeanor; punishable by up to 1 year in jail and fines up to $1,500.
Repeat offenders can face enhanced penalties, and restitution to the rightful owner is often ordered as part of sentencing.
Common Scenarios and Examples
These cases often arise from everyday situations that seem harmless at first. For example, someone might buy electronics or jewelry from a friend or acquaintance at a “too good to be true” price, only to later discover the items were stolen. In other cases, a person may be found with stolen property inside a car or home, even if they claim someone else placed it there. Others may pawn or sell goods that are later traced back to a theft, leading to criminal charges even if they didn’t personally steal the items.
In many situations, defendants insist they did not know the property was stolen or that they were holding it temporarily for another person. Massachusetts courts examine these explanations closely, focusing on whether a reasonable person in the same circumstances would have suspected the property was unlawfully obtained.
Defenses to Receiving Stolen Property
1. Lack of Knowledge
The defense can argue that the defendant neither knew nor had reason to believe the property was stolen. Without proof of knowledge, the Commonwealth cannot meet its burden.
2. Innocent Possession
If the defendant was merely holding the item with the intent to return it to its owner or police, this can negate criminal intent.
3. Mistaken Identity or False Accusation
The defense can challenge whether the defendant ever possessed the property or whether it was connected to them at all.
4. Insufficient Evidence
Many receiving stolen property cases rely on circumstantial evidence. Weak or speculative connections can be challenged at trial.
How Massachusetts Courts Handle These Cases
In practice, Massachusetts courts carefully assess intent and knowledge. Prosecutors may negotiate plea agreements, especially for first-time offenders, if restitution is made and cooperation is shown. Diversion programs or continuances without a finding (CWOFs) are sometimes available for minor or first-offense cases.
However, if the value exceeds $1,200 or if there’s a prior record, the case is typically prosecuted as a felony, and the Commonwealth may seek incarceration.
Conclusion
Receiving stolen property may sound like a minor offense, but in Massachusetts, it can lead to serious felony charges and long-term consequences. The Commonwealth must prove not just possession, but knowledge that the property was stolen. Because so many cases hinge on subtle inferences of intent, having an experienced defense attorney can make all the difference.
If you’re facing a charge of receiving stolen property in Massachusetts, contact a knowledgeable criminal defense lawyer immediately to evaluate the evidence, protect your rights, and pursue the best possible outcome.
Frequently Asked Questions (FAQ)
Q: Can I be charged if I didn’t know the property was stolen?
A: Not lawfully—knowledge or reason to know is a required element. However, prosecutors may argue that the circumstances should have made it obvious.
Q: What if I bought the item online or from a friend?
A: If the purchase price or situation was suspicious (for example, paying far below market value), the court may infer knowledge of theft.
Q: Can I return the stolen property to avoid charges?
A: Returning the property may help with sentencing but does not automatically prevent prosecution.
Q: Is receiving stolen property a felony or misdemeanor?
A: It depends on the property’s value—over $1,200 is a felony; under that is a misdemeanor.
Q: What happens if I’m convicted?
A: A conviction can result in jail or prison time, restitution orders, probation, and a permanent criminal record affecting employment and housing.
