Possession of Property Obtained by Crime

Possession of Property Obtained by Crime is an offence under the Criminal Code of Canada.  The charge often accompanies fraud and theft related charges both Over $5000 and Under $5000, however it can also be laid as a standalone offence in situations where the police do not have grounds to allege that the person found in possession of the property was responsible for its loss.  A conviction for Possession of Property Obtained by Crime can carry significant consequences including a criminal record, the possibility of jail time and potential travel, employment, and immigration issues.

Our office has extensive experience defending Possession of Property Obtained by Crime charges and offers free consultations for clients in Vancouver, Richmond, Surrey, Abbotsford, and throughout British Columbia.

What is the maximum sentence for Possession of Property Obtained by Crime in British Columbia?

Under the Criminal Code, a conviction for Possession of Property Obtained by Crime carries a maximum possible sentence of 5 years imprisonment.

What is Possession of Property Obtained by Crime under the Criminal Code of Canada?

Under the Criminal Code of Canada, every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment

Will I go to jail if I’m convicted of Possession of Property Obtained by Crime?

If you choose to plead guilty to Possession of Stolen Property, or are convicted after a trial, a judge may consider a variety of different sentences in addition to jail or prison including fines, probation orders, and house arrest. For a large number of offences, a judge also has the ability to discharge a person and not impose a criminal record. The likelihood of a period of jail or prison is case specific and can be discussed during your free initial consultation.

How can the police prove that I knew the property was stolen?

Once your case begins and we review the particulars of the charges with you, we will be able to provide a thorough assessment of the likelihood of you being convicted of this offence should you choose to proceed to trial.  Requiring the Crown to prove your knowledge of the stolen nature of property may, in certain circumstances, be a difficult task.

I bought items off of Kijiji or Craigslist and now I’m being charged – what do I do?

Give us a call.  A large number of stolen goods frequently appear on Craigslist or Kijiji and it is not uncommon for police to conduct investigations into the possibility of stolen property appearing on those sites.  Our office has handled a significant number of Kijiji and Craigslist related cases and we’d be happy to discuss fighting theft and properly related charges during your consultation.

Is it possible to get Possession of Property Obtained by Crime charges dropped or withdrawn? 

There is a significant difference between the standard it takes to be charged criminally and what it takes to be convicted.  The burden on the prosecutor to prove a case “beyond a reasonable doubt” can be difficult to meet, which is why many Possession of Property Obtained by Crime cases take significant time and resources.  Understanding a case and its weaknesses is our job–  our office has successfully negotiated the withdrawal of charges for numerous clients facing these types of charges, and we offer free consultations in British Columbia for all criminal matters.