Possession of stolen property charge Calgary

Possession of Stolen Property Offences in Calgary

The Charge

This offence is also known as “PSP” or “Possession of Property Obtained by Crime”.

There are two subcategories of this offence:

  1. Possession of property whose value is more than $5000.
  2. Possession of property whose value is under $5000.

The components of this charge are as follows:
Possession of property

  • That was obtained by the commission of a crime in Canada
  • The person possessing the property must know that it was obtained by the commission of that crime

The term “possession” is very broad, and can be proven in many ways. It is not limited to physically haven an item on your person. The legal definition of possession includes:

  • Knowingly keeping the property in the possession of another person
  • Knowingly keeping the property in a certain place for the use or benefit of yourself or others
  • Knowing and consenting to another person having it in their possession

Bail Conditions for Possession of Stolen Property Charge

If you have a prior related criminal record, it can be very difficult to obtain bail without a lawyer. This is because the prosecution may suggest, and the judge may accept, that your motive to profit from trafficking in stolen property overwhelms your ability to behave yourself while on release.

Defending Possession of Stolen Property Charge

The prosecutor may rely on a wide number of unusual and complicated legal principles to try to prove you had the necessary knowledge that the items were stolen, like “wilful blindness” and “the doctrine of recent possession”.

Resolving the issues of whether or not you had “knowledge” and “possession” requires skilful legal argument and ensuring all favorable evidence comes to light. In preparing your case, we will review all the evidence in the possession of the police with you, and focus our review on the following key issues:

  • Does the prosecution have enough evidence to prove you knew the property was obtained by a crime?
  • Can the Crown prove that the property was stolen?
  • Did you believe you had a lawful right to possess the property?
  • Can the Crown prove that you were in possession of the property?

The Sentence

A finding of guilt of possession of stolen property brings the potential for jail time.

If the value of the property is over $5000, an offender is liable to go to jail for up to ten years. He can also be placed under the supervision of a probation order for a maximum of three years, and/or fined several thousand dollars.

If the value of the property is under $5000, the maximum jail sentence is two years. You can also be fined and placed on probation.

The punishment goes beyond jail, probation, or fines. A conviction for this offence can carry with it a reputation that you are a dishonest person who cannot be trusted, and make it difficult to obtain or keep a job in an area where you are required to handle or possess money or valuable property.

Depending on the circumstances of your case, and you desired outcome, we may be able to secure one of the following resolutions: out-of-court diversion; a plea to a less charge; or an order allowing you to serve any jail sentence you receive in your own home.

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Property Crime Offences

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Unlawfully in a Dwelling House, Charges Withdraw

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charges Withdrawn

Airdrie Provincial Court
Case Number: 23500891

Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items.

Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt. We negotiated with the Crown and they withdrew all of the charges.

Successful Result: Charges Withdrawn

Theft Under $5,000, Charges Withdrawn

Canmore Provincial Court
Case Number: 22601571

Our client was charged with Theft Under $5000 after it was alleged that she had stolen money from her employer.

Once we were retained we sought disclosure and reviewed it with our client. We got our client into the Alternative Measures Program, and the charge was withdrawn upon completion of the program. As a result, our client does not have a criminal record and she was able to continue working abroad teaching English.

Successful Result: Charge Withdrawn, No Criminal Record

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.