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
Karen Dover
Usually, no, not for the same property in the same case.
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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.
https://www.inmateaid.com/ask-the-inmate/can-you-be-charged-with-theft-and-receiving-stolen-property#answer
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.