Possession of Property Obtained by Crime

It is a criminal offence to possess property obtained by crime. This can include property stolen from somewhere or someone and proceeds of, for example, selling illegal drugs. Possession potentially any property that is obtained as a result of criminal behaviour can result in charges. This holds true even if you are not the person who stole the property or engaged in other criminal behaviour. Related offences include theft from the mail, trafficking in property obtained by crime, and obliterating a vehicle’s serial number. Contact our office to discuss your case.

• What is Possession of Property Obtained by Crime?
• What is the penalty for Possession of Property Obtained by Crime? Is there jail time?
• What happens if you're charged with Possession of Property Obtained by Crime?
• Why shouldn't I just plead guilty to Possession of Property Obtained by Crime?
• First time Possession of Property Obtained by Crime charges

What is Possession of Property Obtained by Crime?

It is an offence to possess property that you know has been obtained by the commission of an offence. The seriousness of the offence usually depends on the value of the property with a maximum sentence of 14 years in prison, if the subject matter has a value greater than $5,000. Possession of property obtained by crime is often charged with other offences like theft, break and enter, or drug trafficking.

What is the Penalty for Possession of Property Obtained by Crime? Is there Jail Time?

Penalties for possession of property obtained by crime are often related to the underlying offence – where the property came from – and the nature of the property itself. While the Criminal Code differentiates between property valued over $5,000 and property valued under $5,000, other circumstances are relevant. While the maximum sentence is 10 years in prison, sentences vary widely depending on the circumstances of the offence.

What happens if you're charged with Possession of Property Obtained by Crime?

Anyone charged with Possession of Property Obtained by Crime has a right to counsel. The police must inform you of the reason for your arrest and must make reasonable efforts to assist you to speak with your counsel of choice. Typically, if you are brought to a police station, they will give you an opportunity to speak with your lawyer of choice in a private room.

Depending on the seriousness of the offence and the circumstances of the case, the police may release you from the station or may hold you for a bail hearing. If you are held for bail, they will advise you so that you may make arrangements to contact a lawyer and assist you in contacting your friends or family to act as sureties for your bail. You have a right to be brought before a Justice or Judge within a reasonable time, but in any event within 24 hours of your arrest.

At your bail hearing, your lawyer and the Crown will argue about whether you should be released from custody and, if so, what reasonable terms of bail should be imposed. Any person charged with a crime has a right to a reasonable bail.

Contact our office if a friend or family member has been charged with an offence, or if they are being held for bail.

Why shouldn't I just plead guilty to Possession of Property Obtained by Crime?

A criminal conviction for Possession of Property Obtained by Crime can have consequences far greater than the sentence imposed by the judge. A criminal conviction can have consequences for employment, immigration status in Canada, access to children as part of any family law proceedings, crossing the border to the United States and elsewhere, and any number of other consequences. While many people may be tempted to plead guilty ‘to get it over with’ a criminal conviction with all its consequences can last for a long time, perhaps forever. A snap decision may be the wrong decision. As experienced trial counsel, Misha can advise you of the strong or weak parts of the Crown’s case. While some cases are strong – and pleading guilty may be a reasonable option – many others are not. Some people are not guilty, and guilty pleas are only for guilty people. Experienced trial counsel can negotiate a better deal or successfully represent you at trial.

Only a careful review of your matter can give you the advice you need to make crucial decisions on your case and your life. A careful review may reveal gaps or problems with the Crown’s case. Contact experienced trial counsel before deciding to plead guilty.

First Time Possession of Property Obtained by Crime Charges

The criminal justice system often recognizes that people make mistakes. Some mistakes are bigger than others. People charged with offences, including Possession of Property Obtained by Crime, for the first time are usually treated somewhat differently from people with long criminal records. Experienced counsel can assist in obtaining great results for first time charges. This may include diversion before trial or favourable plea agreements. Contact our office to discuss your case and what to expect.

Misha Feldmann
Criminal Defence Lawyer

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