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difference between theft and receiving stolen property

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princeromeo

Junior Member
What is the name of your state? Ohio

A person that we know took our keys out of our house and stole my son's car. He also used the key to get in my house and stole a bunch of items. But they are only going to be able to charge him with receiving stolen property. Can you please tell me what the difference is and why they are not charging him with coming into my house?
 


garrula lingua

Senior Member
The Prosecutor can't prove that he entered your house with the intent to commit a crime therein and he took the items (no eye witness, no confession) -- all without your permission;

the Prosecutor can prove up the elements of RSP (he was found with your belongings & they were stolen from you - you did not give him permission to have them & the defendant may have admitted he knew they were stolen [or he should have known]).

The RSP is an easier charge to prove to the jury & the defendant will probably plead on it - especially if further investigation may lead to a harsher charge.
 

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