If arrested for selling stolen property that you did not know was stolen, can the pin the burglary on you as well?
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If arrested for selling stolen property that you did not know was stolen, can the pin the burglary on you as well?
Asked on April 2, 2014 under Criminal Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Selling stolen property and burglary are separate charges. The prosecutor must prove each charge beyond a reasonable doubt to obtain a conviction. Merely having stolen property in your possession does not automatically mean that you committed burglary.
As for the stolen property charge, your defense should be that you did not know the property was stolen.
Burglary is the breaking and entering with the intent to commit a felony therein. The prosecutor must prove each element beyond a reasonable doubt in order to obtain a conviction for burglary.
If someone else provided you with the property, that individual is the person who probably committed the burglary.
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