Can I be convicted of receiving stolen property if I did not know it was stolen?

No. Section 3925 requires the Commonwealth to prove you knew the property was stolen or believed it probably had been. Genuine ignorance is a complete defense, which is why documentation of how and what you paid matters so much.

Is receiving stolen property a felony in Pennsylvania?

It depends on the item and its value. RSP is graded under § 3903 like theft: a third-degree felony at $2,000 or more, and a second-degree felony for a firearm or motor vehicle regardless of value. Most RSP cases are filed as misdemeanors.

Why would police charge receiving stolen property instead of theft?

Because they cannot place you at the taking. When there is no video, no witness, and no forensic link to the original theft, § 3925 lets the Commonwealth charge the possession instead — but it then has to prove guilty knowledge, which is a materially harder element than the taking itself.

Does returning the property get an RSP charge dismissed?

Not automatically, but it changes the negotiation. Returning property and paying restitution early, combined with a diversionary program application, is usually the fastest path to a disposition with no conviction and an expungement afterward.

Criminal Defense · Receiving Stolen Property

Receiving Stolen Property Lawyer in Pennsylvania.

Section 3925 does not punish possession. It punishes possessing property while knowing — or believing it probably was — stolen. That guilty-knowledge element is the weakest part of almost every RSP file, and it is where these cases get won.

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How Pennsylvania grades it

Receiving Stolen Property (§ 3925) Defense in Pennsylvania.

RSP carries the same value-based grading as theft: M3 under $50, M2 from $50 to under $200, M1 from $200 to under $2,000, F3 at $2,000 or more, and F2 for a firearm or motor vehicle regardless of value.

Statute: 18 Pa.C.S. § 3925 (receiving stolen property); graded under § 3903

ARD & diversion

First-offense receiving stolen property is commonly ARD- or diversion-eligible in Dauphin, Cumberland, York, and Adams counties, particularly where restitution is paid up front.

Pennsylvania ARD program · ARD eligibility quiz

Receiving Stolen Property (§ 3925) Defense: offense grading and maximum exposure under 18 Pa.C.S. § 3925 (receiving stolen property); graded under § 3903
Offense & grading	Maximum exposure
Under $50 — M3 Tried in the Court of Common Pleas after a preliminary hearing before the MDJ.	Up to 1 year jail, $2,500 fine
$50 to under $200 — M2 Value disputes routinely move a case into this grade from an M1.	Up to 2 years jail, $5,000 fine
$200 to under $2,000 — M1 The default filing grade in most Central PA RSP cases.	Up to 5 years jail, $10,000 fine
$2,000 or more — F3 Common in tool, catalytic converter, and electronics cases.	Up to 7 years jail, $15,000 fine
Firearm or motor vehicle — F2 Grading is set by the item, not the price — § 3903(a).	Up to 10 years jail, $25,000 fine
Dealer in the business of buying stolen property § 3925(b) presumption applies to pawn and resale operations.	Felony grading regardless of value

Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, and county practice.

How we defend receiving stolen property cases.

Attack guilty knowledge
The Commonwealth must prove you knew or believed the property was probably stolen. A receipt, a purchase app message thread, a plausible price, or a seller's name is often enough to gut the element.
Test the § 3925(b) inferences
Possession of recently stolen goods, an unexplained low price, and dealing in the trade create permissible inferences — not proof. We litigate whether the facts actually support them.
Challenge the stop and the search
RSP cases usually start with a vehicle stop, a consent search, or a pawn-shop record. Suppress the discovery and the charge disappears with it.
Contest valuation
Value sets grading. Replacement cost versus fair market value, depreciation, and aggregated items are all live disputes that move felonies to misdemeanors.
Separate you from the taker
When someone else took the property, we make sure the accomplice theory and the § 3925 theory are not quietly merged by the affidavit.
Restitution plus diversion
Restitution paid before the preliminary hearing, paired with an ARD or diversion application, is the most reliable route to a non-conviction disposition.

Where we appear

Receiving Stolen Property defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, and Adams counties. Start with your city:

Other charges we defend.

FAQ

Frequently asked questions.

Common questions about receiving stolen property charges in Pennsylvania — grading, penalties, diversion, and record consequences.

No. Section 3925 requires the Commonwealth to prove you knew the property was stolen or believed it probably had been. Genuine ignorance is a complete defense, which is why documentation of how and what you paid matters so much.
It depends on the item and its value. RSP is graded under § 3903 like theft: a third-degree felony at $2,000 or more, and a second-degree felony for a firearm or motor vehicle regardless of value. Most RSP cases are filed as misdemeanors.
Because they cannot place you at the taking. When there is no video, no witness, and no forensic link to the original theft, § 3925 lets the Commonwealth charge the possession instead — but it then has to prove guilty knowledge, which is a materially harder element than the taking itself.
Not automatically, but it changes the negotiation. Returning property and paying restitution early, combined with a diversionary program application, is usually the fastest path to a disposition with no conviction and an expungement afterward.

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Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.

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