Charged with Possession of Stolen Property in Las Vegas? A Lawyer Explains Your Defense
You found an incredible deal on a new laptop on Facebook Marketplace. You met the seller in a public place, paid a fair cash price, and went home happy with your purchase. A week later, you hear a knock on your door. It’s the police, and they have questions about your new laptop. Suddenly, you find yourself being accused of a serious crime, even though you are completely innocent of stealing anything.
This scenario is frighteningly common in Las Vegas, and it is one of the most misunderstood areas of criminal law. Yes, you can absolutely be charged with a theft crime even if you did not steal the property yourself.
My name is Michael Gowdey, and I am a Las Vegas criminal defense lawyer. For over 30 years, my firm has defended good, honest people who have been caught in this exact trap. They are not thieves; they are simply consumers who thought they were making a smart purchase, only to be thrust into the criminal justice system. The law is complex, and the prosecution’s case against you can be built entirely on circumstantial evidence. This is why having an experienced and aggressive lawyer on your side from the very beginning is not just a good idea—it is an absolute necessity.
This page will serve as your comprehensive guide to the charge of Possession of Stolen Property in Nevada. We will explore what the law says, how prosecutors try to prove their case, the severe penalties you face, and most importantly, how a skilled defense lawyer can protect your rights and your freedom.
Understanding the Law: What a Lawyer Must Prove for a Conviction (NRS 205.275)
The law that governs this crime in Nevada is NRS 205.275. It is written very broadly to give law enforcement and prosecutors a wide net to cast, aiming to disrupt the entire market for stolen goods by targeting not just the original thieves, but also the people who buy, sell, or hold the property afterward.
The statute makes it illegal for a person to, “for his or her own gain or to prevent the owner from again possessing the owner’s property, buy, receive, possess or withhold stolen goods or property.”
The most critical part of the law is the knowledge requirement: “knowing, having good reason to believe or under such circumstances as should have caused a reasonable person to believe that the goods or property were stolen.”
To convict you, a prosecutor must prove every single one of these elements beyond a reasonable doubt. The job of your defense lawyer is to find the weaknesses in their argument and dismantle their case.
Possession or Control
This is the first element. “Possession” can mean two things, and your lawyer will analyze which applies. Actual possession is when the item is on your person (e.g., a stolen watch on your wrist). Constructive possession is when the item is under your control but not physically on you (e.g., a stolen TV in your living room or stolen tools in the trunk of your car).
Of Stolen Goods or Property
The prosecutor must prove the item was, in fact, stolen.
Knowing or Having Reason to Know
This is the mens rea or “guilty mind” element, and it is the absolute heart of every single one of these cases. A prosecutor cannot read your mind. They cannot know what you were thinking when you bought the item. Because of this, their entire case is almost always built on circumstantial evidence, and it is your lawyer’s job to provide an innocent explanation for every piece of that evidence.
The Prosecutor’s Case: How They Try to Prove You “Knew” – A Lawyer’s Counter-Strategy
Since the prosecutor can’t prove what you were thinking, they will try to paint a picture for the jury using a collection of “red flags.” They will argue that any reasonable person, under these circumstances, should have known the property was stolen. As your defense lawyer, my job is to show that these so-called red flags are perfectly normal in the context of today’s second-hand market, especially online.
Red Flag #1: The Price Was "Too Good to Be True"
The prosecutor will argue that a ridiculously low price should have been your first warning sign. If a brand-new iPhone is for sale for $50, that is certainly suspicious.
A Lawyer’s Counter-Strategy: As your lawyer, I will put the price in context. The second-hand market, especially for electronics, is incredibly volatile. A used laptop that is two generations old, even if it looks new, has a much lower value than its original price. We will research comparable sales on eBay, OfferUp, and Facebook Marketplace to show that the price you paid was not outrageously low, but was actually in line with the current fair market value for a used item.
Red Flag #2: The Seller and Location Were Suspicious
The classic prosecutorial argument is that you bought the item “from a stranger in a dark parking lot.” They use this to create an image of a shady, illicit deal.
A Lawyer’s Counter-Strategy: Your lawyer will bring the jury into the 21st century. The reality is that the vast majority of transactions from online marketplaces like Craigslist and Facebook Marketplace now take place in public parking lots for the safety of both the buyer and the seller. Meeting at a Starbucks or a police station “safe zone” is the new normal. Your lawyer will argue that your choice of meeting place was not suspicious; it was smart and safe.
Red Flag #3: The Condition of the Property Was a Giveaway
The prosecutor will point to any physical evidence on the item itself. Did it still have a security tag attached? Were the serial numbers scratched off or removed? Did it have a personalized engraving with someone else’s name on it?
A Lawyer’s Counter-Strategy: A good lawyer will argue that you, as a typical buyer, are not a forensic expert. You did not conduct a detailed inspection of the item before buying it. You didn’t flip over the TV to check the serial number, and you didn’t notice a faint engraving. We will argue that your failure to notice these details does not make you a criminal; it makes you a normal consumer.
The Online Marketplace Minefield
Platforms like Facebook Marketplace, Craigslist, and OfferUp have revolutionized how we buy and sell used goods. They have also created a legal minefield for innocent buyers. These platforms are often unregulated and filled with sellers using anonymous profiles. As your lawyer, I can use the very nature of these platforms as a key part of your defense, showing that you acted in good faith with the limited information available to you.
Penalties for Possession of Stolen Property: Why a Lawyer is Non-Negotiable
The penalties for possessing stolen property are just as severe as if you had stolen the property yourself. The law directly mirrors the penalties for Petty and Grand Larceny, and they are based entirely on the alleged value of the goods. This is why one of the most important jobs for your lawyer is to challenge that valuation.
Misdemeanor Possession (Value Under $1,200): A Lawyer's Role
If the property is valued at less than $1,200, the charge is a misdemeanor.
- Penalties: Up to 6 months in jail, a fine of up to $1,000, and full restitution to the owner.
- Why You Still Need a Lawyer: A conviction is a “crime of moral turpitude,” a crime of dishonesty. This can prevent you from getting a job, a professional license, or even volunteering at your child’s school. A skilled lawyer will fight for a dismissal or a reduction to a non-theft offense to protect your record.
Felony Possession (Value $1,200 and Up): A Lawyer is Essential
If the property is valued at $1,200 or more, you are facing a felony. The stakes are now your freedom and your future. A felony defense lawyer is not optional.
- Category D Felony ($1,200 to $4,999.99): 1 to 4 years in Nevada State Prison.
- Category C Felony ($5,000 to $24,999.99): 1 to 5 years in Nevada State Prison.
- Category B Felony ($25,000 or more): 1 to 20 years in Nevada State Prison, depending on the exact value.
A felony conviction means the loss of your right to vote, own a firearm, and the stigma of being a convicted felon for the rest of your life. An experienced lawyer will attack the prosecutor’s valuation of the property with the primary goal of getting the charge reduced to a misdemeanor, saving you from these devastating consequences.
Building Your Defense: How a Las Vegas Lawyer Fights These Charges
When you are accused of this crime, it can feel like your words are being twisted and your intentions are being ignored. As your defense lawyer, my job is to be your voice and to build a powerful, proactive defense that tells the true story.
Defense #1: Lack of Knowledge – The "Innocent Purchaser" Defense
This is the cornerstone of most successful defenses. The entire case rests on your state of mind. As your lawyer, I will work to gather all evidence that proves you acted in good faith and had no reason to be suspicious. This can include:
- The original online advertisement, showing that it looked legitimate.
- Your text message or email communications with the seller.
- Evidence of your normal buying habits to show this was not unusual for you.
- Your own credible testimony explaining your thought process.
Our goal is to show the prosecutor, judge, or jury that you were not a criminal looking for stolen goods, but an innocent buyer who was deceived.
Defense #2: Lack of Possession or Control
In some cases, the best defense is to show you never actually possessed the property. A lawyer can argue:
- The property was found in a common area of a home you share with others.
- A friend or roommate left the item in your car or apartment without your knowledge.
- You were merely present in a location where stolen goods were found, but you had no control over them.
Defense #3: Police Misconduct – The Lawyer as a Watchdog
A good lawyer always investigates the police investigation itself. If your constitutional rights were violated, we can have the evidence against you thrown out of court.
- Illegal Search: Did the police have a valid warrant to search your home or car where they found the property? Did you give consent, or were you coerced?
- Miranda Rights Violations: Did the police question you after you were in custody without first reading you your rights?
If we find a violation, your lawyer will file a Motion to Suppress Evidence. If a judge agrees, the prosecutor may be left with no case against you.
Don’t Let a “Good Deal” Cost You Your Freedom. Call an Experienced Lawyer.
Being charged with possessing stolen property can make you feel like you’re guilty until proven innocent. The law is not on your side, and the prosecution will assume the worst about you. You need a lawyer who understands how to fight back and prove your innocence.
My name is Michael Gowdey. For over three decades, my law firm has been defending innocent buyers and good people who have been caught up in situations they never anticipated. We know how to build the strong, fact-based defense you need.
Do not try to explain yourself to the police. Do not let a simple purchase turn into a life-altering criminal conviction. Contact The Law Offices of Michael I. Gowdey, Ltd. right now for a free, confidential consultation. Let a seasoned Las Vegas defense lawyer start protecting you today.
FAQS
Your Questions Answered: Top 5 Questions for a Possession of Stolen Property Lawyer
As a lawyer who has handled these unique and stressful cases for over 30 years, I understand the questions that are likely racing through your mind. Here are the answers to the most common ones.
1. I found out the item was stolen after I bought it. What should my lawyer and I do?
Answer: This is a very dangerous situation. Your first instinct might be to get rid of the item by selling it or throwing it away. Do not do this. That action can be used as evidence that you knew it was stolen. The correct course of action is to call a criminal defense lawyer immediately. As your lawyer, I can act as an intermediary, arranging for the property to be turned over to the police in a way that protects you from incriminating yourself and shows your good faith.
2. The police are at my door and want to search my house. Should I let them in?
Answer: No. You are not required to consent to a search of your home, car, or person. The most powerful words you can use are, “Officer, I do not consent to a search.” Be polite but firm. If they have a warrant, you must comply, but you should still state that you do not consent. By refusing consent, you preserve your lawyer’s ability to challenge the legality of the search later in court. After they leave, call a lawyer immediately.
3. What's the difference between this crime and being a "fence"?
Answer: A “fence” is a person who knowingly and regularly buys and sells stolen goods as a form of business. While the criminal charge might be the same (NRS 205.275), the context is entirely different. Prosecutors and judges seek the harshest penalties for professional fences. The primary goal of your defense lawyer is to clearly distinguish you from a career criminal, showing that you are just a regular person who made a one-time, innocent purchase.
4. I didn't buy the item; it was a gift. Can a lawyer still defend me?
Answer: Yes. The law applies to anyone who “receives” or “possesses” stolen property, not just buyers. However, the same defense applies. A lawyer will build a case to show that you accepted the gift in good faith and had no reason to believe the person giving it to you had stolen it. Your relationship with the giver and the circumstances of the gift will be critical evidence your lawyer will use.
5. The person who actually stole the item is telling the police I knew it was stolen. How can a lawyer fight that?
Answer: This is a classic—and desperate—tactic used by thieves who have been caught. To get a better plea deal for themselves, they will lie and say their buyer knew the goods were “hot.” The thief has a massive incentive to lie. As an experienced trial lawyer, my job is to destroy that person’s credibility on the witness stand through intense cross-examination, showing the judge or jury that their testimony is self-serving and completely untrustworthy.