While it is unlikely that you will be charged for purchasing something on eBay, knowingly receiving, storing or purchasing stolen merchandise is very much illegal, with punishments that can range from a small misdemeanor to a Class II Felony.
Omaha Criminal Defense Lawyers
If you or a loved one have been charged with intentionally receiving stolen property, you need to contact an experienced criminal defense lawyer immediately.
The skilled team at Liberty Law Group is ready to build your defense against all theft crimes, including receiving stolen property. Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
- What is Receiving Stolen Property?
- Penalties for Receiving Stolen Property
- Non-Jail Alternatives
- Defenses in Receiving Stolen Property Cases
- Role of a Criminal Defense Lawyer
- Frequently Asked Questions
- Additional Resources
- Hire a Criminal Defense Attorney in Omaha, Nebraska
What is Receiving Stolen Property?
In Nebraska, receiving stolen property is defined by Nebraska Revised Statute 28-517:
Theft by receiving stolen property
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.
The prosecution must prove several key elements:
- Possession of Property: The defendant must have received, kept, or disposed of the property, even briefly.
- Knowledge or Belief: The prosecutor needs to prove that the defendant knew or believed the property was stolen. This focuses on the defendant’s subjective belief—what they personally thought at the time—not just what a reasonable person would have assumed.
- Belief Alone is Enough: The belief that the property was stolen, even if incorrect, is sufficient for conviction.
In other words, it’s not necessarily illegal to purchase something when you don’t know where the seller obtained it. After all, most people don’t ask where Hy-Vee gets their groceries. However, if someone offers to sell something that “fell off the back of a truck,” you might be on the hook.
Penalties for Receiving Stolen Property
| Classification of Offense | Penalties |
| Class IIA Felony | Up to 20 years in prison (for property that is valued at $5,000 or more). |
| Class IV Felony | Up to 2 years in prison, followed by post-release supervision, and a fine of up to $10,000 (property valued between $1,500 and $5,000). |
| Class I Misdemeanor | Up to 1 year in jail and up to $1,000 in fines (for property valued between $500 and $1,500). |
| Class II Misdemeanor | Up to 6 months in jail and up to $1,000 in fines (for property valued under $500). |
| Repeat Offenses | Can lead to more severe penalties, including higher classifications and longer sentences. |
Non-Jail Alternatives
- Probation: Instead of incarceration, an individual may be placed on probation, which allows them to remain in the community under certain conditions. These can include maintaining employment, attending counseling, and performing community service.
- Pre-Plea and Post-Plea Programs: Nebraska offers programs focused on rehabilitation. Completing these programs successfully may lead to the dismissal of your charges.
Defenses in Receiving Stolen Property Cases
- Lack of Knowledge: A valid defense may arise if the defendant can demonstrate that they did not know and had no reason to believe the property was stolen. This may include proving that the property was purchased from a reputable source.
- Intent to Return: The defendant may avoid conviction if they can establish that their intent was to return the property to its rightful owner. Supporting evidence might include communications with the owner or actions taken to locate them.
- Dispute Over Property Value: The value of the stolen property is crucial in determining the severity of the charges. If the defendant can successfully argue that the property’s value is lower than what the prosecution claims, the penalties they face could be reduced.
The prosecution must prove beyond a reasonable doubt that the defendant knew the property was stolen. If the state lacks evidence, the defense lawyer can argue for dismissal of the charges.
Role of a Criminal Defense Lawyer
- Explaining the Charges: Your financial crimes lawyer will explain the legal implications of the receiving stolen property charge so you fully understand your situation.
- Case Investigation: They will thoroughly investigate your case, collecting evidence to build a strong defense on your behalf.
- Negotiating with Prosecutors: Your lawyer will negotiate with the prosecution to seek a reduction in charges or penalties, aiming for the best possible outcome.
- Court Preparation: They will prepare you for court appearances and guide you on how to respond to questions and conduct yourself during trial proceedings.
- Support: Throughout the legal process, your lawyer will keep you informed, answering your questions and providing reassurance, which helps reduce the stress of the situation.
Frequently Asked Questions
What is receiving stolen property in Nebraska?
Receiving stolen property involves possessing, retaining, or disposing of someone else’s property while knowing or believing it is stolen.
What are the penalties for receiving stolen property in Nebraska?
Penalties vary based on value: from a Class II misdemeanor for less than $500 to a Class IIA felony for $5,000+.
What Nebraska law governs receiving stolen property?
Nebraska Revised Statute 28-517 governs theft involving receiving stolen property, detailing key elements for prosecution.
Can I go to jail for receiving stolen property?
Yes, depending on the property’s value. Jail sentences range from six months to 20 years, based on offense severity.
What if I didn’t know the property was stolen?
Lack of knowledge is a potential defense. The prosecution must prove you knew or believed the property was stolen.
What if the property wasn’t actually stolen, but I believed it was?
You can still be convicted if you believed the property was stolen, even if it wasn’t.
Are there alternatives to incarceration?
Yes, options include probation, community service, and pre-plea or post-plea programs focusing on rehabilitation.
How does the value of the stolen property affect the charges?
Charges and penalties increase with the property’s value, affecting whether the offense is classified as a misdemeanor or felony.
What role does a criminal defense lawyer play in a stolen property case?
A lawyer provides legal guidance, builds a defense, negotiates with prosecutors, and protects your rights in court.
Additional Resources
Nebraska Receiving Stolen Property Law: Provides the legal definition and intent required for conviction under the state’s laws.
Crime Victims’ Rights on Stolen Property: Outlines the rights of victims of property crimes, including the right to restitution and information about court proceedings.
Nebraska Theft Rates and Maps: Offers an interactive map showing where thefts are most likely to occur in Nebraska, broken down by region.
Hire a Criminal Defense Attorney in Omaha, Nebraska
The skilled team at Liberty Law Group is ready to build your defense against all theft crimes, including receiving stolen property. Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
