Receiving Stolen Property Defense Lawyer in Wisconsin
Charged with Receiving or Concealing Stolen Property under Wis. Stat. § 943.34? These cases often hinge on circumstantial evidence, timing of possession, and what the defendant knew at the time. A strong defense can expose gaps in the State’s assumptions.
What the Law Says About Receiving Stolen Property in Wisconsin
Under Wis. Stat. § 943.34, a person commits Receiving or Concealing Stolen Property when they knowingly or intentionally receive or conceal property that they know was stolen. The statute applies even if the person did not steal the property themselves. The central focus of the offense is the defendant’s knowledge and intent at the time they handled the property – not merely the fact that the property was later determined to be stolen.
To secure a conviction, the State must prove that the property was stolen under Wisconsin law and that the defendant knew it was stolen when they received or concealed it. Concealment includes hiding, storing, or assisting in keeping property from discovery, even without direct physical possession. Although knowledge may be inferred from surrounding circumstances, it cannot be presumed, and innocent or lawful explanations for possession frequently undermine the State’s case.
At Chirafisi Anderson, S.C. we represent individuals charged with Receiving or Concealing Stolen Property in a wide range of situations, including cases involving vehicles, electronics, tools, firearms, and property discovered during unrelated police contact. Our role is to examine whether the evidence actually establishes what the defendant knew – and when – and to challenge over-broad inferences that do not meet the State’s burden of proof.
Elements of Receiving Stolen Property in Wisconsin
To convict a person of Receiving or Concealing Stolen Property under Wis. Stat. § 943.34, the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 1481.
Specifically, the State must establish that:
- Receipt or Concealment – The defendant knowingly or intentionally received or concealed the property.
- Property Was Stolen – The property had been stolen (taken without consent and with intent to permanently deprive the owner).
- Knowledge the Property Was Stolen – At the time the defendant received or concealed the property, they knew the property was stolen.
These elements apply regardless of whether the defendant personally stole the property, physically possessed it for an extended period, or was charged based on circumstantial evidence such as timing, proximity, or association with another person.
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Penalties and Sentencing for Receiving Stolen Property in Wisconsin
The penalties for Receiving or Concealing Stolen Property under Wis. Stat. § 943.34 depend primarily on the value of the property involved, and in some cases, the type of property, such as firearms.
|
Value / Circumstance |
Classification |
Penalty |
|---|---|---|
|
≤ $2,500 |
Class A Misdemeanor |
Up to 9 months jail and $10,000 fine |
|
$2,500–$5,000 |
Class I Felony |
Up to 3.5 years imprisonment (1.5 years initial confinement + 2 years extended supervision) and $10,000 fine |
|
$5,000–$10,000 or any firearm |
Class H Felony |
Up to 6 years imprisonment (3 years initial confinement + 3 years extended supervision) and $10,000 fine |
|
> $10,000 |
Class G Felony |
Up to 10 years imprisonment (5 years initial confinement + 5 years extended supervision) and $25,000 fine |
Courts also frequently order restitution, and disputes over valuation often determine whether a case is charged as a misdemeanor or elevated to a felony. Early defense work is critical in challenging valuation assumptions and firearm-based enhancements.
Common Scenarios in Wisconsin Receiving Stolen Property Cases
Receiving or Concealing Stolen Property charges often arise from situations such as:
- Buying electronics, tools, or vehicles at unusually low prices
- Borrowing or holding property later discovered to be stolen
- Pawnshop or resale transactions
- Friends or acquaintances leaving stolen property with the defendant
- Joint possession situations (vehicles, homes, storage units)
- Mistaken identity or presence near stolen goods
- Receiving property without knowing its source or history
- Allegations involving stolen firearms
- Property discovered during unrelated police contact, stops, or searches or investigations tied to other property crime offenses.
These cases frequently turn on assumptions about knowledge and control, rather than direct evidence that a person knew the property was stolen at the time it was received or concealed.
Defenses and Legal Strategies for Receiving Stolen Property
Receiving or Concealing Stolen Property cases frequently hinge on what the defendant knew at the time the property was received or concealed. Because the State often relies on circumstantial inferences rather than direct proof, these charges are commonly defensible when assumptions about knowledge, possession, or value do not hold up under scrutiny.
Common defense strategies include:
Why Hiring a Receiving Stolen Property Attorney Matters
Receiving or Concealing Stolen Property charges can carry serious consequences, particularly when felony thresholds, firearm enhancements, or valuation disputes are alleged. These cases often hinge on what the State claims a person knew at the time of possession, and prosecutors frequently rely on circumstantial inferences drawn from timing, proximity, or association rather than direct proof. Without careful legal analysis, innocent or lawful possession can be mischaracterized as criminal conduct, significantly increasing exposure. Early defense involvement is critical to challenging assumptions about knowledge, possession, and value before they harden into felony charges.
At Chirafisi Anderson, S.C., our attorneys bring focused criminal defense experience to Receiving and Concealing Stolen Property cases, including:
Contact Chirafisi Anderson, S.C.
If you are accused of receiving or concealing stolen property, early legal representation can make a meaningful difference in how the case is charged and resolved. These cases often turn on timing, knowledge, and valuation issues that must be addressed before assumptions become fixed in police reports or charging decisions.