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Have You Been Charged with Receiving Stolen Property in Nebraska?

By Jason Bottlinger on December 5, 2021

Anyone who willingly accepts goods he knows were unlawfully acquired may be charged with receiving stolen property. The crime of theft by receiving stolen property is defined in Nebraska Revised Statute 28-517. “A person commits theft if he receives, retains, or disposes of stolen movable property of another knowing that it has been stolen, or believing that it has been stolen, unless the property is received, retained or disposed with intention to restore it to the owner.”

What Are the Penalties for Receiving Stolen Property in Nebraska?

If the value of the stolen property is at least $1,500 but less than $5,000, theft by stolen property is charged as a Class IV felony in Nebraska. This crime is punishable by up to two years in prison and a fine of up to $10,000. When the value of the stolen property is $5,000 or more, the offense is a Class IIA felony that carries a prison sentence of up to 20 years.

What Are the Legal Defenses Against Charges of Receiving Stolen Property?

It is part of a criminal defense attorney’s job to raise defenses designed to convince a judge or jury of your innocence. Legal defenses against charges of theft by receiving stolen property will depend on the facts and supporting evidence in the case. Some of the possible defense strategies include the following:

  • You did not know the property was stolen: To be convicted of receiving stolen property, you must have known, or a reasonable person should have known, that it was stolen property. If there was something sketchy about the transaction, a scratched out serial number, for example, you could be reasonably expected to have known that the item was stolen. Otherwise, if you did not know, this could be a legal defense.
  • The property you received was not stolen: To convict you of receiving stolen property, the prosecution must prove that the property in your possession was actually stolen. If the prosecution cannot prove it, you cannot be convicted.
  • Your intent in possessing the property was innocent: You may have known the victim from whom the property was stolen and taken possession with the intention of returning it to the original owner. Or you may have intended to turn the property over to the police.
  • You never had control or possession of the stolen property: Agreeing to buy or take possession of stolen property is different from actually doing it. If you never physically had the stolen items in your control, you did not commit the crime of theft by receiving stolen property.
  • You were mentally unaware of what was happening: There are several reasons why you could have been mentally unaware of what was occurring. For example, you may have been mentally incapacitated and unaware of what you were doing when you took possession of the stolen goods.

What To Do When Accused of Receiving Stolen Property in Nebraska?

Theft by receiving stolen property carries heavy penalties, including the potential of serving a prison sentence. A conviction could seriously damage your reputation and your career. If you have been charged with this offense, it is in your best interests to consult with an experienced criminal defense lawyer as soon as possible.

At Bottlinger Law L.L.C., we could work hard to vigorously defend you against the charges, get the case dismissed, or obtain a favorable plea bargain. If you are facing charges of receiving stolen property in Nebraska, call us today at (402) 505-8234 to schedule a free consultation. We can advise you of your options under the law. Should we take on your case, we will deliver the representation you deserve.

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