William D. Kickham
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Receiving Stolen Property

Hands on jewelry

Massachusetts General Laws Chapter 266 Section 60, makes it is a criminal offense to receive, to aid or to assist in the concealment of, or to buy, stolen property. To obtain a conviction of this crime, the prosecution must prove several important legal elements beyond a reasonable doubt.

The Legal Elements of This Crime Are:
  1. That the defendant bought, received, aided or assisted in the concealment of stolen property (stolen “goods.”) If the defendant was not aware that the property was stolen at the time that he received it, but later learned that it was stolen and did not attempt to return the goods to the true owner, that failure to act would constitute aiding in the concealment of stolen property.
  2. That the goods were in fact stolen. To satisfy this element of the crime, the prosecution is not required to establish the identity of the person who actually stole the property in the first place.
  3. That the defendant knew that the goods were stolen. This is a subjective, not an objective, test. In other words, even if a reasonable person would have believed that the property was stolen, that is inadequate to prove that the defendant knew the goods were stolen. The subjective test of what the defendant knew can usually be satisfied through circumstantial evidence. An example of this might be an exceedingly low purchase price for property that is sold illegally, or “fenced.” As an illustration, if a defendant bought a solid gold Rolex watch from a street dealer for $20, that would constitute sufficient circumstantial evidence that the defendant had actual knowledge that the item was stolen (or “hot.) The burden of explaining a situation such as this is on the defendant. In the absence of a reasonable explanation (which the jury determines,) then knowledge that the property was stolen will be inferred to the defendant. It has been determined by the Massachusetts Appeals Court that this inference of knowledge to the defendant does not violate constitutionally protected rights.

As you can see, one of the central requirements for a conviction is that the defendant actually knew that the property in question was stolen. A person cannot be convicted of this crime if he acted foolishly in receiving the stolen property. Another element that the prosecution must prove is that the defendant actually, jointly or constructively possessed the property. Someone cannot be convicted of this crime if the prosecution cannot prove this element beyond a reasonable doubt. “Possession” of the goods is often a key legal issue during a trial on this charge. Skillfully attacking and challenging the evidence in this area is critical to an effective defense of this charge.


The statute provides separate penalties, based upon whether the conviction was for a felony charge or a misdemeanor charge. If the value of the stolen property is less than $250.00 and the conviction is for a first offense, the crime will be classified as a misdemeanor. If the value of the property is over $250.00 and there are prior convictions for this offense, it will be classified as a felony. Many times the value of the stolen property is disputed. This is when and where you need a very experienced and qualified Massachusetts criminal defense attorney.

Penalties For Receiving Stolen Property

The penalties imposed for a conviction of the crime of receiving stolen property are as follows:

Receiving Stolen Property Under $250.00/First Offense - - Misdemeanor Offense:

  1. Sentence to a County Jail/House of Correction for up to 2 ½ years; OR
  2. A maximum fine of $250.00

Receiving Stolen Property Over $250.00/For a Second or Subsequent Offense - - Felony Offense:

  1. Sentence to a state prison for a maximum of five years; OR
  2. Sentence to a County Jail/House of Correction for up to 2 ½ years AND
  3. A maximum fine of $500.00
Get Help Now

If you or someone you care about has been charged with Receiving Stolen Property in Massachusetts, click on the “Free Arrest Tip Sheet” display button on this page, or just click here. We will send you a FREE document listing the most important action steps that you need to take if you have either already been arrested, or if you feel that you may be arrested soon. This FREE, valuable document will help you to begin to take charge of your situation.

Make The Right Choice In Hiring Your Receiving Stolen Property Defense Lawyer

If you or someone you know is facing a charge of Receiving Stolen Property in Massachusetts, you’re going to need the best legal talent that you can find. Call us at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, and we’ll provide you with a free initial consultation. Or click here for a free consultation. Our defense team will tell you up front our opinion of the commonwealth’s case against you. We will do all this as part of a free initial consultation for 20-30 minutes. Start here to make this situation better than it is now.

In any Massachusetts criminal defense case, an immediate and thorough investigation into the incident is critical. The right professional needs to act quickly to preserve evidence, interview witnesses, and preserve defense testimony. If too much time passes, key material, key facts and key witnesses can be lost or missed. Don’t wait. Start here to make this situation better than it is now. Call us at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, or contact us by email and we’ll get right back to you.

Westwood and Boston, Massachusetts criminal defense lawyer William D. Kickham has appeared as a legal analyst on a variety of respected media, including Fox News TV-25/Boston, The Boston Herald, WBZ-AM Radio 1030, WCVB-TV5/Boston, Nightside With Dan Rea, Greater Boston With Emily Rooney, Money Matters Radio/Boston, and The Metro Newspaper/Boston. Attorney William D. Kickham is turned to by respected reporters and media organizations in Massachusetts as an authoritative expert in the field of criminal defense law, and the case results he produces for his clients attest to this. Call us today at office number (781) 320-0062, or Atty. Kickham's cell phone number at (617) 285-3600, to arrange for a free initial consultation of your case. If the matter is not an emergency, you can email us here and we will respond to you very promptly.

Client Reviews
When I was arrested for DUI, I was absolutely terrified. Had it not been for you, I might have been convicted of something I was not at all guilty of. My work life, my family life, my reputation, all could have been destroyed. You stood by me like the legal version of a bodyguard - and because of you, I was found not guilty. G.M.
When we got the call that our son had been arrested and charged with rape, we almost fainted. We know our son. He is not violent; he has never abused anyone, let alone another girl… If not for you and your "take no prisoners" attitude, our son might have been convicted of a crime that would have sent him to state prison. As far as we're concerned, our son owes you his life, and we owe you the world. We will never forget you. A.H. and P.H.
I hired Mr. William D. Kickham for a very important legal issue and I was extremely satisfied by the results. His in depth knowledge about the matter and his intelligent thinking was extremely beneficial. He is really an expert. He was also very supportive and sensitive towards my concerns. It was great to have a lawyer of his capacity. Thanks William for all the Help. N.G.
Atty. Kickham defended me on a charge of raping my girlfriend, who made up the whole story out of revenge because I was interested in someone else. If it weren’t for Attorney Kickham proving me innocent, God knows what might have happened to me. Z.B.
Mr. Kickham represented me on a trumped-up charge of domestic violence. The prosecutor and police wouldn’t back down, even after my spouse told them it was all untrue. They insisted on taking me to trial, and Mr. Kickham never wavered. He was my legal bodyguard, and I was found not guilty. M.B.
Of the many talents Atty. Kickham has, two are these: 1) He is ten times as persuasive as the best lawyer you’ve seen in the movies; and 2) Nothing - but nothing - gets by him. The police arrested me on completely false drug charges, and after a heated courtroom battle, Atty. Kickham won the day. Trust me, it was no surprise. D.C.
Because I mildly disciplined my child for throwing a tantrum, I was actually charged with child abuse. It was horrifying. Atty. Kickham fought for me tooth and nail, until I was declared not guilty. One hell of a lawyer. D.D.
I complimented a co-worker on her looks and patted her on the back as I did so. Two hours later, the police showed up and accused me of indecent assault & battery. From the day I hired him, Atty. Kickham fought the DA’s office until the charges were dropped. If not for him, my life would have been ruined. A.K.