Reviewed on: April 29,2026
Law & Court Questions - Legal Terms

Can you be charged with theft and receiving stolen property

Can a person who pleads guilty to receiving stolen property also be charged with stealing the property

Usually, no, not for the same property in the same case.
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Answered by a former federal inmate · 14+ years advising families
✓ Verified answer April 16,2017 · Law & Court Questions - Legal Terms
1

Usually, no, not for the same property in the same case.

The law generally treats these as mutually exclusive offenses:

  • Theft means the person actually took the property
  • Receiving stolen property means the person got it from someone else, knowing it was stolen

You cannot logically be both the thief and the receiver of the same item in the same incident.

What can happen instead:

  • Prosecutors may charge both initially while the case is being sorted out
  • As the case moves forward, they will typically pursue one or the other, not both
  • A person might plead guilty to receiving stolen property as part of a plea deal, even if theft was originally alleged

Exception to understand:
If there are different items or separate incidents, a person could face:

  • Theft for one 
  • Receiving stolen property for another

Bottom line
For the same property and same event, you are generally not convicted of both. The case will usually resolve under one charge or the other.

Accepted Answer Date Created: April 16,2017
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About this answer: This response was prepared by InmateAid’s editorial team in consultation with former inmates who have direct experience with the federal correctional system. InmateAid has served families of the incarcerated since 2012. This is general information only — not legal advice. Last reviewed April 2026.