Possession of Stolen Property- Best Defence Lawyer Toronto
If you get caught in possession of stolen property and are wondering what to do, you are at the right place. Contact Kazandji Law and proceed with the best defence, get bail and protect your future. We will help you find your way to a positive future.
Possession of Stolen Property According to the Criminal Code Toronto
According to the criminal code, possessing property obtained by crime means having something you know gotten through doing something against the law, like stealing. This is considered a severe crime.
You can be charged with it even if you did not do the stealing or cheating yourself. It is like if someone gives you a phone you know was stolen, but you still keep it. You could get in trouble for that and be charged alone or with other crimes such as fraud or theft.
When we talk about the possession of stolen crime, it is not only about stealing something; it also includes things that were taken through any serious crime in Toronto or similar actions outside Toronto that would be considered serious crimes here.
If you did not know something you bought was stolen, it was not necessarily against the law. But if the situation looks suspicious or fishy, you can not pretend you did not notice.
Based on the situation, the government will argue that you must have stolen the item. It is tricky to prove that you genuinely did not know, so it is wise to talk with the lawyer about what to do next in such a situation.
Happy Clients
Punishments for Possession of Stolen Property
Possession of stolen property is considered a criminal offence by the Toronto Criminal Code, and the witness is punished through fines and other penalties.
The criteria for the crime include;
- A criminal act obtained the property in question
- You were aware that you had said stolen property
- Having the stolen property
- You were well aware that the item you had was obtained by criminal means
The government will choose the punishment if someone is found guilty, and the punishment is changed for each case. Usually, the punishment depends on the stolen item and how much the stolen item is worth.
The punishment is less severe if the stolen item is worth under $5,000; if it is over $5,000, it is worse and more severe. This can also be called in two ways, ‘possession under’ and ‘possession over.’
If you get charged, getting help from a good lawyer who knows about criminal law as soon as possible is really important. Kazandji Law has many years of experience dealing with criminal cases, which means you can easily trust them to give you the right advice and help you in court.
Common Examples of Coming into Possession of Stolen Property
Following are the common legal strategies that put you into the possession of stolen property it includes;
- The police performed an unreasonable or unauthorized search or seizure
- Lack of possession of the property in question
- Innocent possession of the piece of property
- Right to possess the property
- Unaware that you had stolen property
What is Possession of Property Obtained by Crime
According to section 354 (1) of the criminal code, if you have something or own something that is stolen or obtained illegally, it is against the law.
For example, if you buy a car from someone who you know has been stealing from their job at the showroom, you could get in trouble for having stolen property.
Sometimes, you buy an item cheaply, and the person selling it steals it from someone you don’t know about and buys it for yourself. In such a situation, you can be called ‘willfully blind.’
But if you buy something from a store that sells used things at low prices, and you do not know that the stuff they sell is stolen, you will not get in trouble for having stolen stuff.
According to section 355.2 of the law, if someone sells something stolen or gets by doing something illegally, it is against the rules.
If you try to sell something stolen, you can get in trouble under this section. If an illegal source obtains the stuff, you can be charged.
Assault Cases Solved
Please email us through the form on this page for a free chat about your situation.
What to do if You Get Caught in Possession of Stolen Property
A reasonable person who follows all the legal procedures, it is possible that he will get accidentally caught in the stolen stuff. For example, a person buys something because it is very cheap and later learns that it was stolen.
Even if you did not know that the stuff was stolen, police may still ask you questions about it. Such things happen in cases like possession of stolen property.
If that happens, we are here for you. We will get you ready for all the questions that police may ask, and we will tell you when to talk with them.
If you want us to defend you, the first step is to meet us and tell us everything about the case so that we come up with the most vigorous defence.
FAQs
What is the possession of stolen property charge in Toronto?
The punishments range from 10 years of imprisonment if you have more than $5,000 in items you stole and 14 years if you are trying to sell those goods to others.
Is possession a crime in Toronto?
Yes, possession is a crime in Toronto; possessing anything illegal is a severe offence.
What are the 3 types of possession?
Actual, joint and constructive possession are the three types of possession.