Most people charged with receiving stolen property in Pennsylvania did not steal anything. They bought something at a price that looked like a good deal, and police later traced it to a theft. The case turns on what you knew about where it came from.
Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC defends these charges in Pittsburgh and across Allegheny County. Call (412) 281-2146 for a free consultation.
What Is Receiving Stolen Property in Pennsylvania?
Receiving stolen property means intentionally receiving, keeping, or disposing of movable property that belongs to someone else when you know it was stolen or believe it probably was. The offense is defined at 18 Pa.C.S. § 3925, and it is a theft charge. Buying the item, holding it for someone, or selling it on can all support the charge.
The prosecution has to prove more than possession: that you knew the property was stolen or believed it probably was. It usually argues that from the circumstances, such as a price far below what the item was worth or a seller who could not say where it came from. Most cases are won or lost on that “knew or should have known” question.
Receiving stolen property is one of several theft offenses under Pennsylvania law. It differs from theft by unlawful taking, where you are accused of taking the property yourself, and from theft by deception, where you are accused of lying to get it. Police often file a receiving charge when they can prove who ended up with the property but not who took it.
How Receiving Stolen Property Is Graded in Pennsylvania
The grade follows the value and type of property. In most cases it depends on what the property was worth:
- Less than $50: third-degree misdemeanor
- $50 or more, but less than $200: second-degree misdemeanor
- $200 or more, up to $2,000: first-degree misdemeanor
- More than $2,000: third-degree felony
- $100,000 or more, but less than $500,000: second-degree felony
- $500,000 or more: first-degree felony
Firearms and motor vehicles are treated differently. Receiving either one is graded more seriously: it is a felony no matter what the item is worth.
Value generally means the property’s market value at the time, not what the owner paid for it new. The prosecution has to prove that number. When it cannot, the charge is graded at the lowest level.
Penalties
Pennsylvania sets a maximum sentence for each grade. For receiving stolen property, the maximums are:
- Third-degree misdemeanor: up to one year in prison and a fine of up to $2,500
- Second-degree misdemeanor: up to two years in prison and a fine of up to $5,000
- First-degree misdemeanor: up to five years in prison and a fine of up to $10,000
- Third-degree felony: up to seven years in prison and a fine of up to $15,000
- Second-degree felony: up to 10 years in prison and a fine of up to $25,000
- First-degree felony: up to 20 years in prison and a fine of up to $25,000
Those are ceilings, not predictions. The sentence a judge in the Allegheny County Court of Common Pleas imposes depends on the sentencing guidelines, which weigh the grade against your prior record. A first offense involving low-value property often ends in probation, restitution, and court costs rather than jail.
The conviction is often the heavier cost. Employers and landlords read theft as dishonesty, and the conviction shows up on a background check until it is expunged or sealed.
Defenses to Receiving Stolen Property
These cases usually turn on the transaction: who sold you the item, what you paid, and what you were told. Our attorneys look first at five defenses.
- No knowledge the property was stolen. This is the center of most cases. If you paid a fair price and saw nothing that signaled a theft, the prosecution cannot prove knowledge. Receipts and messages with the seller matter here.
- Intent to return it to the owner. The statute itself excludes property received or held with the intent to restore it to its owner. If that is why you had it, the charge fails.
- Mistaken identity. If the case rests on a witness who says you were the buyer, or an account that was not yours, we challenge the identification.
- Illegal search. If police found the property through a search that violated your rights, we can move to suppress it and everything that followed.
- Insufficient proof of value. The grade and the penalty depend on value. If the prosecution’s number is an estimate or an owner’s guess, the charge may have to be reduced.
What to Do If You Are Charged
Don’t talk to the police or prosecutors unless your attorney is with you. People charged with receiving stolen property want to explain, because they feel they did nothing wrong, and that explanation usually becomes the prosecution’s evidence about what you knew. The same goes for contacting the owner or the seller or trying to return the item yourself. If you still have the property, tell your attorney.
Save everything that shows how you came to have the property: the listing, your messages with the seller, the receipt, and the names of anyone who was there. Tell your lawyer everything that happened before and during your arrest.
The first real test is the preliminary hearing before a magisterial district judge or in Pittsburgh Municipal Court. The prosecution has to show enough evidence on each element, including knowledge and value, to move the case to the Court of Common Pleas. Hire a lawyer before that hearing, not after.
Frequently Asked Questions About Receiving Stolen Property
Is receiving stolen property a felony in PA?
It can be. It is a third-degree felony when the property is worth more than $2,000, and a felony regardless of value when the property is a firearm or a motor vehicle. At $2,000 or less it is a misdemeanor graded by value.
What if I did not know the property was stolen?
Then you have a defense. The prosecution must prove you knew the property was stolen or believed it probably was. Gather anything that shows the purchase looked legitimate: the price you paid, the receipt, and your messages with the seller.
Can receiving stolen property charges be dropped?
Sometimes. A magisterial district judge can dismiss the charge at the preliminary hearing if the prosecution cannot show enough evidence of knowledge. The district attorney may also agree to withdraw or reduce the charge, most often for a first offense where the property was returned.
Do I need a lawyer for receiving stolen property?
Yes. Even the lowest grade is a theft conviction that follows you on background checks. An experienced defense attorney can challenge the evidence on both points: what you knew and what the property was worth.
Talk to Worgul, Sarna & Ness About Your Receiving Stolen Property Charge
A receiving stolen property charge is often about a bad purchase, not a bad person. We will tell you plainly what the prosecution has, what it is missing, and what your options are.
Call (412) 281-2146 or send us a message to schedule a free consultation. The sooner we are involved, the more we can do before the preliminary hearing.
We will fight to get your theft charge reduced or dismissed so you can move on with your life.
