Possession of Stolen Property, Over $5,000
What is Possession of Stolen Property, Over $5,000
Definition: Section 355 of the Criminal Code of Canada defines this offence as having in your possession any property or thing or the proceeds from it, knowing that it was obtained by the commission of a crime. When the value is over $5,000, it’s considered “possession over”.
Important Points:
- Knowledge is key. You don’t have to know the specifics of how the item was obtained, but you have to know or suspect it wasn’t obtained lawfully.
- “Possession” can be actual physical possession, or control over the item, even if you don’t have it directly.
- The value of the property is the critical factor that determines the severity of the charges.
Common Evidence
- Witness statements regarding your possession of the property.
- Recovery of the stolen property from you or a location you control (home, vehicle, etc.).
- Statements by the owner of the property regarding its identification and value.
- Your own statements to police or others that could suggest knowledge or suspicion that the item was stolen.
Penalties for Possession of Stolen Property, Over $5,000
This offence is always treated as an indictable offence with the potential for serious consequences.
- Maximum Penalty: Up to 10 years in prison.
How We Can Help
Securing Your Release: An arrest for possession of property obtained by crime over $5,000 means you’ll almost certainly face a bail hearing. We’ll work hard to advocate for your release with reasonable conditions to minimize any disruption to your life while the case proceeds.
Fighting the Charges: Every case is unique, and we’ll carefully analyze the evidence against you. Potential defence strategies might include:
- You didn’t have possession of the property in the legal sense.
- You reasonably believed the property was legitimately obtained.
- Challenging how the item was valued to potentially argue it falls below the $5,000 threshold.
- Challenges to the reliability of witnesses or the chain of custody of the stolen property.
Frequently Asked Questions
Can I be charged if I bought the item from someone else?
Yes, if you knew or should have suspected it was stolen.
What's the difference between this offence and Theft?
This focuses on having the stolen item after the fact, not on the initial act of theft.
What factors lead to police suspecting property is stolen?
High-value items sold far below market value, or items without proof of purchase, can raise red flags.
Let's Talk About Your Case
Possession of property obtained by crime (over $5,000) charges are very serious. Don’t underestimate the potential impact on your future. The sooner you secure skilled legal representation, the better. Contact us today for a free case review to discuss possible defences.
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