Receiving stolen property is one of the most commonly over-charged crimes in Wisconsin. The allegation is easy to make, because the defendant had the property. Proving it is harder, because the State must also establish that the defendant knew it was stolen. Our defense begins on that element.
What the State Must Prove
§ 943.34 requires the prosecution to prove beyond a reasonable doubt that the accused:
- Intentionally received, retained, or concealed stolen property; and
- Knew the property was stolen.
“Knowingly” is not the same as “should have known.” Mere suspicion, or a price that seemed too good to be true, is not enough by itself. The State needs evidence of actual knowledge: admissions, incriminating statements, or circumstances so suspicious that no reasonable person could have missed them.
Penalty Tiers by Value
Like other property-crime statutes, § 943.34 scales with value:
- Value $2,500 or less: Class A misdemeanor.
- Over $2,500 to $5,000: Class I felony.
- Over $5,000 to $10,000: Class H felony.
- Over $10,000: Class G felony.
The line between a misdemeanor and a felony is often a single appraisal, and that is a litigable issue. Retail prices, used-market valuations, and depreciation all come into play.
Defenses We Regularly Raise
- No knowledge. The single most effective defense in most of these cases. If the State cannot put the defendant’s knowledge of the theft in the record, the case is not properly charged.
- Innocent possession. A gift from a friend, merchandise acquired at a yard sale or swap meet, or property stored for someone else is not criminal unless the State proves knowing receipt.
- Valuation challenge. A felony tier hinges on value, and value is frequently litigable.
- Chain-of-custody and search-warrant problems. A significant share of these cases originate from traffic stops, pawnshop tips, or search warrants that can be challenged on Fourth Amendment grounds.
- Aggregation disputes. Prosecutors sometimes stack multiple small allegations into a single felony count; the underlying evidence does not always support that.
What Makes This Charge Different
Receiving stolen property is a crime of dishonesty, which means a conviction can be used to impeach you as a witness in any future case, and it carries consequences for employment, professional licensure, and immigration status well beyond the sentence itself. The work of the defense is not just to reduce the sentence; it is, wherever possible, to keep the conviction from being a theft conviction at all.
Contact Cafferty & Scheidegger for a free consultation. Call or text 24/7 at (262) 632-5000.
