San Diego Receiving Stolen Property Criminal Lawyer
Receiving Stolen Property in San Diego
What if another person was the one who stole some property but you received it and are now in possession, can you be charged with a criminal offense in San Diego? Yes, a person who receives property known to be stolen and who now has possession or control over the stolen property will be charged under California Penal Code section 496. Knowing the property to be stolen to buy, sell, receive, conceal, or withhold property that has been obtained in a manner constituting theft or extortion is a serious crime.
Understanding Penal Code Section 496
In consideration of the seriousness of receiving stolen property, California has criminalized it under Penal Code section 496. Under this law, “Any person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, or knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170”. If you are facing these charges, you should get in touch with a capable criminal defense lawyer as soon as possible.
In what circumstances can you be convicted of receiving stolen property?
Basically, to convict someone of PC 496, the prosecutor must prove each of the following elements beyond a reasonable doubt:
- The defendant bought, received, sold, aided in selling, concealed or withheld from the owner, or aided in concealing or withholding from the owner property that had been stolen or obtained by extortion;
- The defendant knew that the property was stolen or obtained by extortion;
- The defendant knew of the presence of the stolen property.
Receiving Stolen Property Can Be Filed As a Misdemeanor or a Felony
Receiving property known to be stolen and who now has possession or control over the stolen property is a wobbler. A wobbler is a charge that the prosecutor has discretion to file as either a misdemeanor or a felony. In receipt of stolen property cases, the issuing criminal attorney at the District Attorney’s Office will determine the severity of the charges based on the value of the stolen property.
Misdemeanor Receipt of Stolen Property Penalties
If the value of the stolen property does not exceed $950, you could face:
- A maximum sentence of 1 year in county jail;
- Informal probation;
- Restitution to the victim up to three times the amount of the loss.
Felony Receipt of Stolen Property Penalties
If the value of the stolen property exceeds $950, you could face:
- A maximum sentence of 16 months, 2, or 3 years in California state prison;
- Formal probation;
- Restitution to the victim up to three times the amount of the loss.
Potential Defense Strategies against Receipt of Stolen Property Charges
Because of the severity of the penalties that are involved with receipt of stolen property charges, your criminal defense attorney will have to determine which legal defense strategy will work best in your particular situation.
- Accident; you accidentally received stolen property.
- Lack of Criminal Intent; you unknowingly received stolen property.
- You are the true owner of the stolen property.
Your Best Defense against Receipt of Stolen Property Charges in San Diego
If you are charged with receipt of stolen property, especially if you are facing a felony charges, the best thing you could do is find an experienced criminal defense attorney in your jurisdiction. Attorney Vik Monder is a skilled criminal defense attorney who practices and has a long track record in theft crime defense in San Diego. He has great contacts with police investigators and prosecutors in this community. For the best legal defense against charges for petty theft, grand theft and various other theft-related crimes, call him now so he can put his knowledge of the local judicial system at your disposal.
