Receiving Stolen Property (Firearm) Dismissed

Our client was charged with KRS 514.110 – Receiving Stolen Property (Firearm) which is a Class D felony carrying a penalty of 1-5 years of imprisonment.

KRS 514.110 states: “A person is guilty of receiving stolen property when he receives, retains, or disposes of movable property of another knowing that it has been stolen, or having reason to believe that it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.

The law goes further and states in section (2): “The possession by any person of any recently stolen movable property shall be prima facie evidence that such person knew such property was stolen.”  Prima facie evidence means that there’s a rebuttable presumption that the individuals knew it was stolen if he is in possession of the stolen property and the property was “recently” stolen.

Unfortunately for our client, no good deed goes unpunished.  He acted as a middle man for two parties in a gun transaction, unknowing that the gun was stolen.  After months of negotiations and on the brink of asking for a trial, the prosecutor decided to dismiss the charge against our client.

Charge – KRS 514.110: Receiving Stolen Property (Firearm)

Court – Kentucky State Court

Lead Attorney – Abe Mashni