Possession of Property Obtained by Crime Lawyer

The law pertaining to possession of property obtained by crime involves an individuals who are in possession of any item or asset, and they are aware that the items were acquired directly or indirectly through a criminal offence punishable by indictment. The main objective of this law is to prevent individuals from profiting from criminal activities, and thereby dismantling the market for stolen items. You will often seen the crime of possession of property obtained by crime in conjunction with other crimes such as robbery, fraud, burglary, and drug trafficking.

What is Possession of Property Obtained by Crime?

Under Canadian law, specifically Section 354 of the Criminal Code, possession of property obtained by crime refers to exerting a level of control over property that the accused knows, or ought to have known, was acquired through criminal activity. Direct knowledge might include something like the defendant had stolen the vehicle themselves and kept it in their driveway. Indirect knowledge might be someone buying a car from a friend who they know is known for selling stolen cars. Each case has its unique circumstances and so it is important to consult a lawyer if being charged with this offence.

The offence of possession of property obtained by crime encompasses both tangible items, such as stolen goods, and intangible assets, such as funds gained from illegal activities. Examples of property obtained by crime can include items stolen from individuals or businesses and the proceeds generated from illegal means, such as the trafficking of illicit drugs.

How does the Crown Prove Possession of Property Obtained by Crime?

To prove this offence, the Crown must establish beyond a reasonable doubt that the accused had control over the property and was aware that it was obtained through criminal means. Evidence can include the circumstances of the possession, the accused’s conduct, and any statements made by the accused regarding the property’s origin.

How to Fight a Possession of Property Obtained by Crime Charge

For somebody to defend themselves against this specific offence, they might argue that they did not have the requisite knowledge that the property was obtained through criminal activities. Another strategy they might adopt is to show that the possession of stolen goods was due to a misunderstanding or mistake. Some other legal defences that might be used would be to point to the accused’s actual level of control (or the lack thereof) over the property. Another defence might be for the defendant’s lawyer to argue that the manner in which the police gathered the evidence of this crime was unconstitutional, or otherwise unfair.

An important component of this criminal offence is that the accused actually has to know that the property or thing that they possess was stolen.

If a person stole a car and you bought that car even after knowing that it was stolen, you could possibly be charged with this offence. For the Crown to determine if there is a reasonable probability that you knew the item was stolen when you bought it from a third party, they might look at circumstantial evidence such as the nature of your relationship with the seller who committed a crime to obtain the property or item in question. They might look at the number of times that you and the seller communicated back and forth leading up to the purchase of the property.

On the other hand, passive acquiescence may not be enough to constitute this criminal offence. In this context, it is not typical for people to be punished simply by the company that they keep. This means that if you are there when the crime is committed and do not actively aid or abet the perpetrator, this makes it more difficult to prove that you have the requisite criminal intent for possession of property obtained by crime.

What is the Penalty for Possession of Property Obtained by Crime?

The penalty for possession of property obtained by crime can vary widely. It could range from fines to imprisonment, contingent on the value of the property and the circumstances of the case. For high-value property or if the possession is associated with organized crime, the penalties are generally more serious. As such, it is important to obtain legal counsel to ensure that your rights are protected and to ensure that you get the most favourable legal outcomes.

Possession of property obtained by crime charges are categorized based on the value of the items. Where an individual is convicted of possession of property obtained by crime and the value of the items exceeds $5,000, the offender will face up to ten years in prison where the Crown proceeds by indictment, and a maximum of two years less a day imprisonment and/or up to a $5,000 fine where the Crown proceeds summarily.

Where the value of the items in the offender’s possession was under $5,000, they will face a maximum of two years in prison where the Crown proceeds by indictment, and a maximum of two years less a day imprisonment and/or up to a $5,000 fine where the Crown proceeds summarily.

If I Return the Property, Will the Crown Drop the Charges?

Returning the property does not automatically result in charges being dropped; however, in some cases, it might be used as a mitigating factor on sentencing and when determining moral culpability. It is important to note that even though returning the goods might be used as part of a plea negotiation and to demonstrate the accused’s remorse, the choice is ultimately up to the Crown as to whether they want to drop the charges or not. In making this decision, the Crown will consider factors such as the evidence of intent and knowledge at the time of possession. Typically, the Crown would not agree to drop charges simply because an accused returned property. Returning the property does not negate the fact that the accused committed a criminal offence by possessing the stolen property.

Possession of property obtained by crime is serious offence in Canada, reflecting how seriously Canada is about maintaining public trust in financial and property transactions, as well as personal property. These laws are intended to deter individuals from engaging in and benefiting from fraudulent activities. Given the complex nature of these kinds of crimes, and the possible ramifications if being charged with possession of property obtained by crime, it is highly advisable for individuals charged with these crimes to seek an experienced lawyer.