What is the Punishment for Selling Stolen Goods in New Mexico?
Defense Attorneys Protecting the Rights of those Accused of Selling Stolen Goods in Albuquerque and all of New Mexico
While you know stealing something from someone else is a crime, you may not realize that selling that stolen merchandise or possessing such merchandise is also a criminal act.
Being in Receipt of Stolen Property
Possession of stolen property, also referred to as receipt of stolen property, occurs when you have, purchase, or store property that you know is stolen. Claiming that you did not know property was stolen before you sold it is not always a valid defense. After all, there are some situations where it should be obvious to you that you have received stolen goods; therefore, you would know it is a crime to sell those same goods later.
How Should a Defendant Know Property is Stolen?
When a prosecutor examines your theft case, they must prove that you knew the property was stolen. In some cases, this is very easy to do. In others, it requires more investigation. Sometimes, the case rests on the fact that the defendant should have known the goods were stolen.
In these “should have” situations, the prosecutor must show that you are a reasonable person and, as a reasonable person, you should have suspected the goods were stolen. These cases are much easier for a prosecutor to prove, because all they must do is establish what a reasonable person would have suspected.
You cannot claim ignorance in this type of case. If a reasonable person would conclude the goods were stolen, then you should have concluded the same.
The “should have” standard may work in your favor as well, along with the assistance of a New Mexico criminal defense attorney. If there was no reasonable way for you to know that the property you were selling is stolen, then the prosecution cannot charge you with possession of stolen property.
Penalties for Possessing and Selling Stolen Property
The penalty will vary depending on the extent of goods stolen, their respective value, and your role in the original theft. Some penalties you may face include:
- Fines – You will most likely face a court-ordered fine. This can range from a few hundred to a few thousand dollars and is based on the category of crime you are charged with.
- Restitution – If you knowingly stole the goods for resale, you may be forced to pay restitution to the company or individual whom you stole the goods from.
- Jail – Selling stolen goods that you know are stolen may result in jail time. The amount of jail time ranges from a few months to a few years – depending on the extent of your charges.
- Probation – In some cases, you may be given probation. Even though you are not in jail, probation requires that you follow strict rules. Failure to do so could result in a revocation of your probation.
Speak with a New Mexico Criminal Defense Attorney Today
If you have been arrested for possession or selling stolen goods, you must contact a criminal defense attorney as soon as possible. Schedule a free case evaluation now with the defense team at New Mexico Criminal Law Offices by calling 505-375-4671 or requesting your consultation appointment online.