Benutzer:CarmellaRomanno3026

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

Receiving stolen property is illegal and is typically looked as someone purchasing or obtaining having goods that are already stolen by another individual. This is simply not to be mistaken using the actual theft of the items, but alternatively simply receiving them. It is usually quite challenging for someone that is charged with this crime, as many individuals are unaware that they're receiving or buying stolen goods. However, defending electrical of receiving stolen property in California is possible, if it's proven that it was unknown during purchase or perhaps the change in ownership that this individual was unaware that this items or goods were stolen.

Defending Receiving Stolen Property cases

As mentioned above, the most common defense of receiving stolen property is that this receiver was not aware of the ownership of the. The prosecution should have significant evidence, that's, evidence beyond a fair doubt, that the accused was conscious items were stolen, or it must be reasonably certain that the accused should have known that the items were stolen. As an example, if someone else purchases jewelry from your back of a van in the dark alley somewhere, this may be sufficient evidence that they are aware the items were stolen. The reason being since most individuals would naturally feel that something shady happening based on the situation and circumstances to which the jewelry was purchased.

However, in some instances, you can prove the individual accused wasn't conscious that they were purchasing stolen items. For example, if the individual walked into a pawn shop and bought a diamond necklace, the lawyer could reasonably argue that the person trusted the pawn shop to have items available that have been legally obtained which the charge can be more suitably designed for the pawn shop owner compared to the individual who unknowingly made a pay for a shop and then found himself defending a stolen property charge.

An alternate way to defend the control of receiving stolen property is to exhibit an intoxication defense. When someone purchased or received items whenever they were too intoxicated to think about the problem closely, they own cause of the charges to be dismissed, as they were not intentionally purchasing or obtaining stolen items. This has to be proven to the court, though, in order for the accused to have charges dropped against him or her. Another thing an attorney will do is go through the police report and also the situation which occurred during the arrest of the baby accused. Clues could be gained using this information that will assist the defense.

Like theft cases, the severity of the punishment could depend on the need for those things that were stolen. The crime can be quite a misdemeanor or even a felony depending on that value. Even folks who take objects they know are stolen with the idea in mind of turning them in to the police for any reward may be vulnerable to paying with obtaining stolen property.

Folks who suffer from been accused of Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact Click here Criminal Defense Attorneys without delay to begin planning for a strategic defense to prove them to be either unaware the items were stolen or that they were too intoxicated to evaluate the specific situation properly.