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Legal Defenses to Penal Code 496 - Receiving Stolen Property in California

Receiving stolen property is prohibited and is typically understood to be someone purchasing or obtaining possession of items which are already stolen by somebody else. This is not to become mistaken with the actual theft of the items, but alternatively simply receiving them. It is usually very difficult for someone that's charged with this crime, as many folks are unaware actually receiving or buying stolen goods. However, defending a charge of receiving stolen property in California is possible, when it is proven it's unknown at the time of purchase or even the transfer of ownership the individual was unaware that the items or goods were stolen.

Defending Receiving Stolen Property cases

As mentioned above, the most frequent defense of receiving stolen property is that this receiver was unacquainted with the ownership of the items. The prosecution have to have significant evidence, that is certainly, evidence beyond a fair doubt, how the accused was aware that items were stolen, or it needs to be reasonably certain that the accused really should have known that the items were stolen. For example, if a person purchases jewelry through the back of the van inside a dark alley somewhere, this can be adequate evidence them to be aware the things were stolen. This is because since the majority individuals would naturally feel that something shady was happening based on the situation and circumstances this agreement the jewellery was purchased.

However, in some cases, you are able to prove that this individual accused was not conscious these were purchasing stolen items. For example, if your individual walked into a pawn shop and got a new diamond necklace, the lawyer could reasonably believe that the consumer trusted the pawn shop to get items for sale which are legally obtained and that the charge would be more suitably fitted to the pawn shop owner compared to the individual that unknowingly designed a purchase from a shop and then found himself defending a stolen property charge.

Another way to defend the management of receiving stolen property is to exhibit an intoxication defense. If an individual purchased or received items once they were too intoxicated to look at the situation closely, that they've reason behind the fees to be dismissed, since they are not intentionally purchasing or obtaining stolen items. This must be shown to the judge, though, in order for the accused to get charges dropped against him or her. A very important factor a lawyer is going to do is go through the police report and the situation which occurred during the arrest of the person accused. Clues could be gained out of this information that could conserve the defense.

Like theft cases, the seriousness of the punishment can frequently depend on value of those things that have been stolen. The crime could be a misdemeanor or even a felony determined by that value. Even individuals who take objects they are fully aware are stolen with the idea in your mind of turning them in to the police for any reward might be at risk for paying with obtaining stolen property.

People who have been accused of Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact west valley detention center bail bonds Criminal Attorneys right away to start out arranging a strategic defense to prove that they were either unaware the items were stolen or that they were too intoxicated to evaluate the specific situation properly.