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Constructive possession of stolen property describes a situation in which stolen property is under the control of the person accused of stealing, but may not necessarily be on or in the hand of the person accused. An example of this would be if a person is accused of stealing a TV and the TV is in the house of the accused person. Even if the person is in the same room as the TV, it would be difficult for the person to be physically holding it. Still, the TV is under the accused control and he/she is aware that it is present.
Another example of constructive possession of stolen property would be if a watch was stolen and was then kept in the car of the accused person, as opposed to on the wrist of the accused person. A roommate or housemate could also be accused of constructive possession of stolen property if the item is in their shared space and he/she is aware of its presence.
Being convicted of constructive possession of stolen property can result in jail time and a criminal record. If the property in question is valued under $400 USD, typically the is charge would be a misdemeanor and result in up to one year in jail. If valued over $400 USD, typically the charge would be a felony and result in up to three years in prison. Either way, the penalties are severe and can be detrimental to a personÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s work and personal life.
A criminal lawyer can help you challenge constructive possession of stolen property charge. To be convicted, a prosecutor must prove that you unlawfully took the property, you have the property under your control, and you know that the property was stolen. A criminal attorney with experience in constructive possession of stolen property cases can help prove that some or all of these scenarios might not be true. You might legally own the property in question, you might not have known the property was taken unlawfully, or you might not have the property in your control.
There are many ways that a criminal attorney can help defend you and get your case dropped or your penalties drastically reduced.
If you are charged with the crime of constructive possession of stolen property, contact Attorney Search Network right away, for a lawyer referral to a criminal defense lawyer in your immediate area.
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