Asked in Criminal Law for Arkansas

Q: Can a person be charged with theft of receiving and theft of property of the same item?

The property that was stolen is a vehicle I did not know that vehicle was stolen so I was charged with theft by receiving. But another party says that I also stole the vehicle can I be charged with both charges?

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1 Lawyer Answer
Richard Lane Hughes
Richard Lane Hughes
  • Criminal Law Lawyer
  • Little Rock, AR
  • Licensed in Arkansas

A: The two crimes that you mention require different elements (acts) or mens rea (state of mind) to commit that offense. I don't see how you could convicted of both crimes based upon identical facts. Perhaps, if an individual bought a car that he knew was stolen and then failed to pay for the car but deprived the bona fide owner of possession, he might have committed both crimes. It's very unlikely that an experienced prosecutor would charge an individual of both offenses based upon the same facts.

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