California Receiving Stolen Property - Los Angeles Criminal Defense Attorney

RECEIVING STOLEN PROPERTY

Stolen Goods • Charge of Possession • Arrest
California Law • Penalties

Los Angeles Criminal Attorney
California Defense Lawyer

BUYING, ACQUIRING, POSSESSING or CONCEALING
stolen property is a CRIME.

The crime of receiving stolen property occurs when a person buys or possesses property that has been stolen through theft, fraud, deceit, embezzlement, or taken by any other unlawful means by someone else.

The receiver of stolen property could be convicted if he or she knew the goods were stolen at the time of receipt and was intending to aid the thief. Here are some examples:

A person buys a luxury watch from a street vendor at a surprisingly low price
A person suddenly acquires an expensive TV, car and/or other high-priced items without having the financial means to do so
A person offers his or her garage for storing unlawfully acquired items
A person receives a copy of an unlawfully acquired private or unpublished document, transcript, deed, or other form of intellectual property

California Law
According to California Penal Code Section 496, conviction can apply to “Every person who buys or receives any property that has been stolen, knowing the property to be so stolen or obtained…” or if a person “conceals, sells, withholds, or helps to conceal, sell, or withhold any property from the owner.”

Depending on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in California (also known as a “wobbler.”)

Penalties for Receiving Stolen Property
A typical misdemeanor conviction, for property valued at under $400, is punishable by paying a fine and/or spending up to one year in county jail depending on how the judge classifies this punishment "in the interests of justice." The penalty for a misdemeanor conviction can also be increased if the defendant has any prior theft convictions.

A felony conviction for receiving stolen property or aiding a thief could result in being sent to state prison or county jail for up to 1 year. The prison term is based on the severity of the crime: the value of the stolen property and the defendant’s prior criminal record.

How to Avoid Criminal Charges
If you’re charged with possessing stolen property, a prosecutor must prove that you knew the property you received was stolen and/or you intended to aid the thief by buying or holding the stolen property. A defense that can be used on your behalf is that the possession was the result of an honest mistake in the belief that the property was not stolen. There are defenses to this crime that an experienced attorney can discuss with you.

Depending on the value of the property and other conditions, it is possible to avoid conviction, fines and/or jail completely. Your attorney can be the greatest single factor in determining the outcome of your conviction.

An Experienced Lawyer is Your Best Defense
Los Angeles Criminal Attorney Stephen G. Rodriguez, with his competent team of California criminal defense attorneys, has extensive experience in working with California residents charged with Receiving Stolen Property. We will sit down with you to discuss the facts of your case and thoroughly evaluate any potential .Stephen G. Rodriguez & Associates will aggressively pursue any and all options to secure the best possible outcome available to you, including Alternative Sentencing (no jail) or going to trial.

For aggressive and effective representation, including a free confidential consultation, contact California criminal defense attorney Stephen G. Rodriguez & Associates.

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Frequently Asked Questions

1. Does mere possession of stolen property constitute Receiving Stolen Property?

No. Possession accompanied by suspicious circumstances may lead to an inference that the property was received with knowledge that it had been stolen. Among the circumstances coupled with possession of stolen property that may lead to a conviction include:

Sale of property under a false name
Sale or purchase of property without proper and legitimate receipts or documentation
Warehousing or storage of a large quantity of property on your premises by a stranger or an unknown acquaintance

2. How does the prosecutor PROVE that a person knew the property was stolen?

Proving knowledge is often reflected by the circumstances surrounding the receipt of the property.

For example, the California Penal Code 496 states that a person whose business it is to acquire property from others (such as a seller at a swap meet or a used book dealer) must ensure that “the person from whom the property was bought or received had the legal right to sell or deliver it.” If this proof can’t be delivered, this may constitute stolen property.

Unexplained possession of recently-stolen goods is another way to indicate that they were received illegally. Or, the person who brings forth a complaint of stolen property may provide proof of knowledge.

3. What do I do if I’ve been charged with possession of stolen property but I didn’t know it was stolen at the time?

To protect yourself, you should contact an experienced lawyer who can review your situation and advise you on the best course of action. Do not attempt to talk your way out of the situation. Anything you say can be used against you in a court of law.

Stephen G. Rodrigues & Associates represents clients in the Southern California (CA) region, including Los Angeles, Beverly Hills, Santa Monica, Hollywood, San Fernando Valley, Orange County, Santa Ana, Fullerton, San Diego, Santa Barbara, Ventura County, Kern County, Bakersfield, San Bernadino, and Riverside County.

Some of the terms that pertain to our practice include but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotic, robbery, misdemeanor, restraining order, arrest warrant, theft, hit and run, vandalism, arson, traffic charges, shoplifting, stalking, embezzlement, burglary, extortion, bench warrant, expungement, assault and battery, terrorist threat, sex offenses, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal records, juvenile offense, seal juvenile records, prostitution, rape.

RECEIVING STOLEN PROPERTY

Stolen Goods • Charge of Possession • Arrest California Law • Penalties

Stolen Goods • Charge of Possession • Arrest
California Law • Penalties