Possession of Stolen Property, Under $5,000
What is Possession of Stolen Property, Under $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 under $5,000, it’s considered “possession under”.
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 determines whether the charge is ‘under’ or ‘over’ the $5,000 limit.
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, Under $5,000
This is a hybrid offence, meaning the Crown decides how to proceed:
Summary Conviction: Less serious cases.
- Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.
Indictment: More serious cases, often due to previous convictions or suspicion of involvement in larger criminal activity.
- Maximum Penalty: Up to 2 years in prison.
How We Can Help
Securing Your Release: An arrest for possession of property can sometimes lead to a court appearance date without being detained. If you are held for a bail hearing, we’ll fight for your release on the best possible conditions.
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 a legal sense.
- You reasonably believed the property was legitimately obtained.
- Lack of sufficient evidence to prove the item was worth less than $5,000.
- Challenges to 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.
Does it matter how long I had the item?
Potentially, but even brief possession can meet the legal definition, though it might impact sentencing.
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.
Let's Talk About Your Case
Possession of property obtained by crime charges can have significant consequences. Don’t underestimate the potential impact on your future, seek legal advice as soon as possible. Contact us for a free case review to discuss possible defences.
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