Receiving stolen property is against the law and is typically defined as someone purchasing or obtaining possession of items that have been stolen by someone else.
This is not to be mistaken with the actual theft of the items, but rather simply receiving them.
It can be very difficult for someone who is accused of this crime, as many individuals are unaware that they are receiving or buying stolen goods.
However, defending a charge of receiving stolen property in California is possible, if it is proven that it was unknown at the time of purchase or the transfer of ownership that the individual was unaware that the items or goods were stolen.
Defending Receiving Stolen Property cases As mentioned above, the most common defense of receiving stolen property is that the receiver was unaware of the ownership of the items.
The prosecution must have significant evidence, that is, evidence beyond a reasonable doubt, that the accused was aware that the goods were stolen, or it must be reasonably certain that the accused should have known that the items were stolen.
For instance, if someone purchases jewelry from the back of a van in a dark alley somewhere, this may be good enough evidence that they were aware the items were stolen.
The reason is because most individuals would naturally assume that something shady was going on based on the situation and circumstances under which the jewelry was purchased.
However, in certain cases, there are ways to prove that the individual accused was not aware that they were purchasing stolen items.
For instance, if the individual walked into a pawn shop and purchased a diamond necklace, the attorney could reasonably argue that the individual trusted the pawn shop to have items for sale that were legally obtained and that the charge would be more suitably fitted to the pawn shop owner than the individual who unknowingly made a purchase from the shop and then found himself defending a stolen property charge.
Another way to defend the charge of receiving stolen property is to show an intoxication defense.
If an individual purchased or received items when they were too intoxicated to look at the situation closely, they may have reason for the charges to be dismissed, as they were not intentionally purchasing or obtaining stolen items.
This must be proven to the court, though, in order for the accused to have charges dropped against him or her.
One thing an attorney will do is look at the police report and the situation which occurred during the arrest of the individual accused.
Clues may be gained from this information that would help the defense.
Like theft cases, the severity of the punishment can often depend upon the value of the items that were stolen.
The crime could be a misdemeanor or a felony based on that value.
Even individuals who take objects they know are stolen with the idea in mind of turning them in to the police for a reward may be at risk for being charged with obtaining stolen property.
Individuals who have been accused of Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact Rancho Cucamonga Criminal Defense Attorneys right away to begin planning a strategic defense to prove that they were either unaware the items were stolen or that they were too intoxicated to assess the situation properly.