Receiving Stolen Property Attorney Massachusetts

Receiving stolen property in Massachusetts can be a misdemeanor or a felony depending on the value of the property and the defendant's criminal history, with felony penalties up to 5 years in state prison. We defend individuals charged with receiving stolen property in Essex County and throughout Eastern Massachusetts.

‍Call (978) 705-4537 for a free consultation available 24/7.

Receiving stolen property charges often arise out of online purchases, pawn-shop transactions, or items received from friends or family, where the defendant had no reason to suspect anything was wrong. We have defended people facing receiving stolen property charges for over 30 years in Massachusetts courts. Call (978) 705-4537 for a free consultation.

Call (978) 705-4537 for a free consultation.

If you are looking at charging documents that say "receiving stolen property" or refer to "RSP," the law you have been charged under is M.G.L. c. 266, § 60. The most important thing to understand about this charge is that knowledge is the central element. The Commonwealth must prove not just that the property was stolen, but that you actually knew, or had reason to know, the property was stolen at the time you received or possessed it. Honest, good-faith purchases or receipts of property are not crimes, even if the property turns out to have been stolen.

Massachusetts charges receiving stolen property in several distinct ways under § 60, all sharing the same core elements but differing in factual setting and penalty level.

This is the core form of the offense. The Commonwealth must prove the property was actually stolen, the defendant bought, received, or aided in concealing the property, and the defendant knew or had reason to know the property was stolen. The Commonwealth does not need to identify or convict the actual thief. Possession of recently stolen property, especially under suspicious circumstances, can be circumstantial evidence of knowledge, but it is not conclusive.

The dollar value of the stolen property determines whether the offense is a misdemeanor or a felony. If the value is $1,200 or less, a first offense is a misdemeanor punishable by up to 2.5 years in a house of correction or a fine of up to $3,000. If the value exceeds $1,200, the offense is a felony punishable by up to 5 years in state prison or up to 2.5 years in a house of correction or a fine of up to $25,000, or both. A second or subsequent offense involving stolen property of any value can also be charged as a felony.

Section 60 also covers cases where law enforcement explicitly represents property as stolen, even when the property is not actually stolen at all. If a person obtains or exerts control over property in the custody of law enforcement that police represent as stolen, with intent to deprive the rightful owner, the person can be charged under § 60. This subsection most often applies in undercover operations involving fenced goods, electronics, or vehicles.

Massachusetts has a separate, more serious offense for habitual receivers of stolen property under M.G.L. c. 266, § 62. A "common receiver" is someone convicted of receiving stolen property who has been previously convicted of the same offense, or who is convicted at the same court sitting of three or more distinct receiving offenses. A common receiver conviction is punishable by up to 10 years in state prison.

Receiving stolen property and larceny are distinct offenses. Larceny is committed by the person who actually takes the property. Receiving stolen property is committed by someone who later acquires possession of the stolen property. A defendant generally cannot be convicted of both for the same act, although a defendant who steals property and then sells it to someone else can be charged with larceny while the buyer can be charged separately with receiving stolen property.

We know you are already worried about what could happen, especially if you genuinely had no idea the property was stolen. The penalty structure under § 60 turns on the value of the property and whether this is a first or subsequent offense. Upon conviction for receiving stolen property worth $1,200 or less as a first offense, the penalty is up to 2.5 years in a house of correction or a fine of up to $3,000.

Upon conviction for receiving stolen property worth more than $1,200, or for a subsequent offense regardless of value, the penalty is up to 5 years in state prison or up to 2.5 years in a house of correction or a fine of up to $25,000, or both. A common receiver conviction under § 62 carries up to 10 years in state prison. Restitution to the rightful owner is typically ordered as a condition of any conviction.

Beyond direct sentencing, a conviction can affect employment, especially in fields requiring background checks or trust positions; professional licensure in finance, healthcare, retail management, and many regulated fields; immigration status for non-citizens, since receiving stolen property is generally classified as a crime involving moral turpitude; and housing applications and educational opportunities.

A charge is not a conviction. The knowledge element is genuinely difficult to prove, and many cases involve real disputes about what the defendant knew or had reason to know. The Commonwealth's ability to prove knowledge often turns on circumstantial evidence that can be challenged and explained.

Right now this may feel hopeless, especially if you were caught with property that turned out to be stolen. There are real defenses available, and the knowledge element is often the weak point in the Commonwealth's case. Possible defenses include:

‍Lack of knowledge. This is the most common and often the strongest defense. The Commonwealth must prove the defendant actually knew, or had reason to know, the property was stolen. Acting foolishly or carelessly is not enough. A defendant who genuinely believed the property was legitimate, even if a more careful person would have suspected otherwise, has a defense.

‍Lack of possession or control. For aiding-in-concealment charges, the Commonwealth must prove actual, joint, or constructive possession. Mere proximity to stolen property is not enough.

‍Property was not actually stolen. The Commonwealth must prove the property was stolen by someone. If the property was lawfully obtained or transferred, even if its history is unclear, this element fails.

‍Innocent transactions. Buying from an established retailer, pawn shop, online marketplace, or even a friend, at fair-market or believable prices, supports the defense that the defendant had no reason to know the property was stolen.

‍Constitutional violations. Stops, searches, and seizures must comply with the Fourth Amendment. Evidence obtained through an unlawful search may be suppressed, which often dismantles the prosecution's case.

‍Charge reduction or pretrial resolution. Many cases involving small dollar values or first-time defendants can be resolved through pretrial diversion, dismissal upon restitution, or a reduction to a lesser misdemeanor offense.

Every case is different. Call (978) 705-4537 to discuss your situation and your options.

If you have just been arrested, released, or received a summons, take a breath. Here is what you need to do right now.

● Don't talk to police without a lawyer present, even to explain that you did not know the property was stolen
● Don't discuss your case with anyone except your attorney, including the person who gave or sold you the property
● Preserve all transaction records including receipts, payment records, online listings, photos of the item being offered, text messages, and emails
● Identify the source of the property the seller, the platform, the date and amount of the transaction, and any communications you had about the property
● Write down everything you remember about how you came to possess the property, what you were told, and what you paid
● Don't post anything about your case, the property, or the alleged source on social media
● Follow all court orders and conditions of release
● Contact an experienced Massachusetts criminal defense attorney as soon as possible

‍Call (978) 705-4537 for a free consultation 24/7.

Acting quickly gives your attorney the best chance to gather evidence supporting good-faith purchase or receipt and to identify the actual thief if relevant.