Introduction
In Minnesota, you don’t need to steal something to face criminal charges related to theft. Simply possessing stolen property can lead to serious consequences — including a felony conviction. This often surprises people who claim they didn’t know the property was stolen or were just “holding it for someone else.”
The law is clear: If you’re found in possession of property that was stolen, and prosecutors can prove you knew or should have known it was stolen, you can be charged. At Martine Law, we’ve represented many individuals who found themselves in this exact position — and helped them fight back.
What Is Possession of Stolen Property?
According to Minnesota Statutes § 609.53, receiving or possessing stolen property is a crime that occurs when:
- Someone receives, possesses, transfers, buys, or conceals property that they know (or have reason to know) is stolen.
Even if you didn’t personally steal the item, possessing it with awareness or suspicion of its origin is enough to face charges. This includes tangible items like electronics or jewelry and intangible things like stolen financial information.
Examples of Possessing Stolen Property
This crime can show up in everyday scenarios, such as:
- Buying a laptop at a suspiciously low price from a stranger
- Holding tools, bikes, or electronics for a friend without asking where they came from
- Accepting expensive gifts you suspect may be stolen
- Driving a car that was taken without permission
- Selling or pawning items you didn’t originally purchase
In these cases, what matters is your knowledge or awareness — not just your physical possession of the item.
How Does the Law Determine Guilt?
To be convicted of possession of stolen property in Minnesota, the state must prove:
- The property was stolen
- You possessed, received, or concealed it
- You knew or had reason to know it was stolen
The burden is on the prosecution, but they don’t need to prove you explicitly said “I know this was stolen.” Instead, they often use circumstantial evidence.
What Counts as “Knowing” the Property Was Stolen?
Courts consider whether a reasonable person would have known the item was likely stolen based on:
- The price being far below market value
- The seller being evasive or not providing a receipt
- The item being in poor condition or scratched serial numbers
- Statements or messages suggesting the item was not lawfully acquired
- Your relationship to the person who originally stole the item
If you were willfully blind or ignored red flags, that can still result in a conviction.
Penalties for Possession of Stolen Property in Minnesota
The severity of the penalty is largely based on the value of the stolen property. Minnesota follows the same sentencing guidelines as other theft-related offenses:
| Value of Property | Charge Type | Potential Penalty |
| Less than $500 | Misdemeanor | Up to 90 days jail and $1,000 fine |
| $500 to $1,000 | Gross misdemeanor | Up to 1 year jail and $3,000 fine |
| $1,000 to $5,000 | Felony | Up to 5 years prison and $10,000 fine |
| $5,000 to $35,000 | Felony | Up to 10 years prison and $20,000 fine |
| More than $35,000 | Felony | Up to 20 years prison and $100,000 fine |
The offense may also be elevated if it involved:
- A vulnerable adult as a victim
- Public property or government funds
- A firearm, explosives, or high-value asset
Long-Term Consequences
Even if you avoid jail, a conviction for possessing stolen property can have lasting consequences:
- A permanent criminal record
- Difficulty getting hired, especially in roles involving money or trust
- Loss of housing or rental opportunities
- Impact on immigration status (for non-citizens)
- Ineligibility for professional licenses
That’s why it’s essential to speak with a defense lawyer early in the process. At Martine Law, we work to reduce or eliminate charges before they derail your future.
Possible Legal Defenses
Facing charges does not mean you’re guilty. There are several defenses that could apply in your case:
1. Lack of Knowledge
If you genuinely didn’t know — and had no reason to suspect — that the item was stolen, that can be a strong defense.
2. No Possession
The prosecution must prove you had actual or constructive control over the item. If the item was found in a shared space or belonged to someone else, this can be challenged.
3. Mistaken Identity
You were not the person who possessed or handled the stolen item, and someone else is falsely implicating you.
4. Involuntary Possession
You were tricked into holding the item temporarily and had no intention of keeping or concealing it.
We’ll assess the evidence, challenge weak claims, and push for dismissal, reduction, or a favorable outcome.
How Martine Law Can Help
If you’re under investigation or have already been charged with possessing stolen property, you need a defense team that understands both the law and how prosecutors think. At Martine Law, we offer:
- Clear legal advice on your rights and options
- Aggressive representation in negotiations and court
- A commitment to protecting your reputation and future
- Experience handling theft and felony property crimes
Our team is here to fight for you — because one mistake or misunderstanding shouldn’t define your life.