Buying something that turns out to be stolen can cause serious legal problems—even if you didn’t know the item was stolen. In Texas, the law looks closely at whether you knew or should have known that the item wasn’t being sold legally. If you’re dealing with this kind of situation, it’s important to understand what could happen next.
What If You Didn’t Know the Item Was Stolen?
Let’s say you buy a phone, a bike, or even a car from someone selling it online or in person. Everything seems normal. Later, you find out that the item was actually stolen. If you had no idea and there was no clear reason to believe something was wrong, you might not be arrested.
Texas law requires the state to prove that you knew or should have known the item was stolen. If you made an honest purchase and there were no signs that the item came from a theft, you’re not likely to face charges. But things can get more complicated if you ignore obvious red flags.
Signs That Could Put You at Risk
Even if you didn’t plan to buy stolen property, the police or prosecutors may look at your actions. These are some of the warning signs they may consider:
- The item was sold at a much lower price than normal
- The seller couldn’t provide a receipt or any proof of ownership
- The sale happened in a rushed or secretive way
- You bought it from someone who’s known to be involved in theft
- The item had identifying marks, like a scratched-off serial number
If any of these signs were present, prosecutors may try to argue that you should have known the item was stolen. In that case, you could be charged.
What Happens If You Knowingly Buy a Stolen Item?
If you knowingly buy something that was stolen, that’s a crime. In Texas, this offense is known as theft by receiving stolen property. Even if you weren’t the one who stole the item, you can still be charged.
The punishment depends on how much the item is worth:
- Under $2,500: You could face a misdemeanor
- Over $2,500: You could be charged with a felony
The penalties grow more serious as the value increases. A felony charge could mean prison time, large fines, and a permanent criminal record.
What the Law Says About “Should Have Known”
In some cases, you may not have admitted you knew the item was stolen, but the law still holds you responsible. This happens when it can be proven that a “reasonable person” in your position would have known something wasn’t right.
For example, if you bought a brand-new gaming system for $30 from a stranger in a parking lot, that would raise questions. If it’s too good to be true, it probably is—and the law expects people to use common sense in those situations.
Defenses Against Buying Stolen Property Charges
If you’re accused of buying stolen goods, there are ways to fight back. A defense attorney can look at all the facts and help you build your case. Some common defenses include:
- You didn’t know, and had no reason to know, that the item was stolen
- You bought the item in a normal, legal way (like from a store or official website)
- The seller lied about the item’s history, and there was no way for you to check
- There’s not enough evidence to show you had criminal intent
Texas law puts the burden on the prosecution to prove guilt. If they can’t clearly show that you knew or should have known the item was stolen, the case may fall apart.
How to Protect Yourself When Buying Used Items
To avoid legal trouble in the future, there are some simple things you can do:
- Ask for a receipt or proof of purchase
- Don’t buy items from strangers in sketchy situations
- Be careful with deals that seem too cheap
- If possible, run a check on the item’s serial number
- Use trusted websites or stores when buying used electronics, bikes, tools, or vehicles
Taking a few extra steps before making a purchase could save you from serious trouble later.
When to Call a Lawyer
If you’ve been questioned by the police or charged with buying stolen goods, don’t try to go through it alone. Even if you’re innocent, saying the wrong thing can hurt your case. A criminal defense attorney can help you understand the charges, explain your rights, and work to get the case dismissed or reduced.
Call Gallian Firm for Help Today
Buying something that turns out to be stolen can quickly lead to criminal charges in Texas. Whether you made a mistake or are being wrongly accused, you don’t have to deal with it alone. The team at Gallian Firm helps people in Dallas and across Texas deal with serious charges like these. Call (214) 432-8860 to schedule a free consultation and find out how we can protect your rights.