Wisconsin’s theft laws cover many illegal activities, including possessing stolen property. In many cases, the penalties for possessing stolen property are the same as those for stealing the property directly. Accordingly, knowing how to beat a possession of stolen property charge in Milwaukee, Wisconsin, requires working with a capable Milwaukee theft attorney. A lawyer will help you understand the charges against you and work with you to develop a viable defense strategy.
What Is the Charge for Possession of Stolen Property in Wisconsin?
Under Wisconsin law, someone commits a crime when they “knowingly or intentionally” receive or conceal stolen property. “Knowingly” means the person knew the property was stolen, while “intentionally” implies a purposeful act to possess or hide it. These elements are crucial because a person cannot be convicted without proof they knew the goods were stolen or intended to hide stolen goods. The severity of a possession of stolen property charge depends on the property’s value or type.
What Is Considered Stolen Property in Wisconsin?
In Wisconsin criminal cases, “stolen property” refers to items taken without permission with the intent to permanently deprive the rightful owner. This intent distinguishes theft from other situations like borrowing or accidental possession.
For a possession of stolen property charge, the prosecution must establish the defendant recognized the item as stolen and aimed to keep it. If the prosecution can’t prove the defendant’s intent, this weakens the state’s case, potentially leading to a dismissal or reduced charges. Your attorney can help demonstrate your lack of intent and challenge the assumption that you knew the item’s illegal origin or intended to permanently withhold it from its rightful owner.
Penalties for Possession of Stolen Property in Wisconsin
Wisconsin’s possession of stolen property statute doesn’t directly specify the penalties for this offense. However, Wisconsin law outlines the standard penalties for different levels of felonies and misdemeanors. Felonies generally lead to prison sentences of a year or longer, while misdemeanors carry shorter jail sentences. Based on state guidelines, the penalties for criminal possession of stolen property in Wisconsin are as follows:
- Possession of Less Than $2,500 in Stolen Property – Class A misdemeanor, nine months incarceration, fine of up to $10,000
- Possession of $2,500 to $5,000 in Stolen Property – Class I felony, incarceration for up to three years and six months, fine of up to $10,000
- Possession of $5,000 to $10,000 in Stolen Property or Possessing a Stolen Firearm – Class H felony, incarceration for up to six years, fine of up to $10,000
- Possession of More Than $10,000 in Stolen Property – Class G felony, incarceration for up to 10 years, fine of up to $25,000
Defense Strategies for Possession of Stolen Property Charges
The most effective defense strategy for how to beat a possession of stolen property charge depends on the specifics of your case. Here are some common strategies you and your defense team might consider:
- Lack of Knowledge – One of the strongest defenses in these cases is proving that you didn’t know the property was stolen. If you unknowingly received or possessed stolen items, you lacked the necessary intent for the charge to apply. An attorney can gather evidence or witness statements showing you didn’t know the item’s illegal origin.
- Absence of Intent – For a conviction, the prosecution must show you meant to keep or conceal stolen property. If you planned to return the item or believed you had permission to possess it, this defense might apply. Proving a lack of intent can weaken the prosecution’s case, especially if you show you took steps to return the item.
- Mistaken Identity – Sometimes, individuals are mistakenly accused due to misidentification or confusion about who handled the property. If you can establish an alibi or show that someone else was responsible for the crime, this defense can complicate the prosecution’s case.
- Entrapment – In cases where law enforcement induced you to possess stolen property, entrapment may be a defense. This strategy requires you to show that you wouldn’t have committed the offense without police influence. Entrapment defenses require strong evidence but can be effective under specific circumstances.
- Violations of Your Rights – If law enforcement violated your rights during a search or seizure, your attorney may argue the evidence was improperly obtained. Suppressing unlawfully gathered evidence can sometimes lead to reduced charges or a dismissal of your case.
What to Do if You Face a Criminal Possession of Stolen Property Charge
If you’re facing a possession of stolen property charge in Milwaukee, Wisconsin, taking some specific steps can help to protect your rights and strengthen your defense. Here’s what you should do:
- Avoid Talking to Police – Speaking to law enforcement without legal representation can harm your case. Remember that the police and prosecutors can use anything you say against you, so don’t give them anything that might compromise your defense.
- Gather Evidence – Collect any documents, receipts, or messages showing how you obtained the property. This information may prove you acquired it legally or lacked knowledge of its illegal origins.
- Avoid Discussing Your Case – Refrain from talking about your case with friends, family, or on social media. Even casual comments can be taken out of context and harm your defense.
- Contact a Criminal Defense Attorney – Working with an experienced lawyer is essential in these cases. A Wisconsin theft defense attorney can analyze your case, explain your options, and develop a strong defense strategy.
Contact a Wisconsin Theft Defense Lawyer Now
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