Receiving Stolen Property
Are Police Accusing You of Receiving Stolen Property? Call a Defense Attorney!
Are you being accused of receiving stolen property and don’t know what to do now? The Orange County Theft Crime Attorneys Law Offices of Michael L. Guisti will help you through this difficult time and explain the process.
After all, you probably didn’t know the items were stolen and even if all the evidence points to you chances are you could have been wrongly arrested after being falsely accused by someone with an ulterior motive or even the result of a botched police investigation.
Receiving Stolen Property
According to our Newport Beach criminal lawyer, Penal Code (PC) 496 makes it a crime to buy, sell, receive, conceal, or withhold property which you know to be stolen, which means if you knowingly receive the stolen property, regardless if it was directly from the thief or through someone else who acquired the stolen property, you may be charged with receiving stolen property.
Proving You Stole the Property
In order for the Orange County District Attorney to make a case against you for receiving stolen property, they must prove three facts, that the property was stolen, that you received the stolen property, and that you knew the property was stolen.
The Property was Stolen
In order to qualify as “stolen property” the suspect property, according to the Fullerton criminal defense attorney at Law Offices of Michael L. Guisti, must have been obtained by petty theft or grand theft that includes larceny, embezzlement, trick, or extortion, burglary, robbery, or embezzlement.
Under PC 496 if you subsequently receive property and weren't aware at the time it was stolen property, but later learned or suspected that fact, you must immediately contact the owner or the police to avoid prosecution.
Receiving the Stolen Property
You can, according to Santa Ana Theft Crime Attorney who specializes in defending clients against charges of receiving property, be accused of receiving stolen property as long as you have possession and control over the suspect property. Your possession of the stolen property doesn't even need to be exclusively yours as you and others may jointly possess the property.
However, California courts have held that merely being near the stolen property or having access to the stolen property is not sufficient (by itself) to sustain a PC 496 conviction.
Knowing the Property was Stolen
The most obvious way the Orange County District Attorney prosecutes you is by incriminating statements, which means if you and somebody you know is under investigation for receiving stolen property keep your mouth shut and don’t speak until your lawyer is present.
With no direct evidence the Orange County District Attorney can inferred from the circumstances surrounding your arrest that show you knew property was stolen.
These circumstances include, helping conceal the stolen property, the price of the property was "too good to be true,” only cash payments were accepted and the seller couldn't give you a receipt and identifying marks, such as serial codes, were removed.
Charged and Convicted of Multiple Counts of Receiving Stolen Property?
The two most common questions in this respect are, can I be charged with different counts of receiving the same stolen property, and the second question, can I be charged with receiving different stolen property?
The answer to these questions is complex and it’s best to consult with an experienced Orange County defense lawyer who specializes in defending people facing stolen property charges.
The short answer, according to our Westminster criminal defense attorney at the Law Offices of Michael Guisti, to the first question is no, because PC 496 specifically states no person may be convicted of stealing and receiving the same stolen property. However if you use the stolen property for another crime you could be charged with that crime.
For example, say you knowingly obtained a stolen gun and police later find the gun on you. In this case you would be charged with receiving stolen property and possession of a firearm,
The short answer to the second question, if you received stolen property on one occasion, even if it was from different sources you can only be charged with one count of receiving stolen property. However, if you received stolen property on several different occasions you can be charged with multiple counts of receiving stolen property.
Defending Your Receiving Stolen Property Charge
They’re several defenses you have in fighting your receiving stolen property charge.
Mistake of Fact and Claim of Right
Though two separate defenses, they often overlap in a receiving stolen property case as a claim of right is based on a mistake of fact.
Mistake of fact is simply you not knowing that the property you acquired was stolen and that you were unknowingly receiving stolen property. Since you assumed you were buying a legitimately owned item and had no idea the property was stolen you can't be convicted of receiving stolen property.
After all, you’re going about your daily business and happen to come across something that seems like a good deal, and so you take the seller up on the offer and you’re on your way back to minding your own business, until that one day you received a knock from the police.
Now if you believed you had a right to the property you are entitled to an acquittal, according to California jury instructions. This is commonly seen in situations where someone was trying to sell you something that you believe/know belongs to you, and so you take it from them claiming your right of ownership and no criminal intent.
You Had No Idea You Possessed Stolen Property
Now if you didn't know you possessed any stolen property, then you can't be convicted of receiving stolen property. According to our Irvine criminal defense lawyer, there have been many cases where stolen property has been placed in suspect’s car, home or office by another without any knowledge the suspect knew, and if this your situation you’re entitled to either your case being dismissed or an acquittal.
Often times those accused of receiving stolen property are unknowingly and innocently caught in the middle of a theft suspect trying to conceal stolen property before trying to sell or use it.
Innocent Intent
You cannot be convicted of PC 496 if you intended to return the property to its owner or the police when you unknowingly bought or received stolen property.
Now this defense will not apply if you decided to return the property after you illegally received it nor if you originally had the intent to return the property, but later decided to keep it instead.
Missteps by Police
As with all police investigations the authorities must follow strict investigation procedures and always be mindful of your constitutional rights as the slightest violation or any improper police procedure can get your case dismissed.
If Convicted of Receiving Stolen Property
Under PC 496 receiving stolen property is a “wobbler,” which means it can either be filed as a misdemeanor or felony. For it to be filed as a misdemeanor or felony generally depends on the circumstances of your case and your criminal history.
Misdemeanor Receiving Stolen Property
If convicted of misdemeanor receiving stolen property you face up to one year in Orange County jail.
Felony Receiving Stolen Property
If convicted of felony receiving stolen property you face between 16 months and three years in a California State Prison.
Enhancement Sentence
If the stolen property was a car, trailer, special construction equipment or boat you face an enhanced sentence under PC 496d that, in addition to the punishments outlined above, for a misdemeanor conviction subjects you to an additional maximum $1,000 fine, and a felony conviction will subject you to an additional maximum $10,000 fine.
Civil Penalties
Be advised, if convicted PC 496 permits the victim of the crime to collect three times the amount of their loss and their attorney's fees from you.
Please, Don’t Go at this Alone!
These are serious charges you’re facing that could have life altering consequences, but we assure you the Law Offices of Michael L. Guisti will handle your receiving stolen property case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case in the courts of Fullerton, Westminster, Santa Ana, Newport Beach, Irvine, Huntington Beach and throughout California.
We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
The Orange County Theft Defense Attorneys at Law Offices of Michael L. Guisti knows the courts of Orange County, so please, don’t go at this alone. Give us a call so we can give you expert legal advice you deserve.
