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

Receiving stolen property is against the law and is typically understood to be someone purchasing or obtaining having items that have already been stolen by somebody else. This isn't to become mistaken with the actual theft of the, but simply receiving them. It could be very difficult for somebody who's charged with this crime, as numerous everyone is unaware actually receiving or buying stolen goods. However, defending electric power charge of receiving stolen property in California is achievable, if it's proven that it was unknown at the time of purchase or transfer of ownership that the individual was unaware the items or goods were stolen.

Defending Receiving Stolen Property cases

As pointed out, the most frequent defense of receiving stolen rentals are that this receiver was unacquainted with the ownership products. The prosecution have to have significant evidence, that is certainly, evidence beyond a reasonable doubt, that this accused was conscious that the products were stolen, or it should be reasonably without doubt the accused should have known that the items were stolen. For example, when someone purchases jewelry in the back of the van inside a dark alley somewhere, this may be good enough evidence that they were aware those items were stolen. The reason being since the majority individuals would naturally assume that something shady occuring depending on the situation and circumstances under which the jewellery was purchased.

However, sometimes, it is possible to prove that the individual accused has not been conscious of they were purchasing stolen items. For instance, in the event the individual walked right into a pawn shop and obtained a diamond necklace, the attorney could reasonably believe that the individual trusted the pawn shop to have items for sale which are legally obtained and that the charge will be more suitably suited to the pawn shop owner compared to the one that unknowingly designed a pay for the store after which found himself defending a stolen property charge.

An additional way to defend the power over receiving stolen property is to show an intoxication defense. If someone purchased or received items when they were too intoxicated to consider the specific situation closely, they may have reason behind the costs to become dismissed, while they are not intentionally purchasing or obtaining stolen items. This has to be which may the court, though, to ensure that the accused to get charges dropped against them. A very important factor a legal professional can do is consider the police report along with the situation which occurred throughout the arrest of the people accused. Clues could be gained from this information that would conserve the defense.

Like theft cases, the degree of the punishment may rely upon value of those items that were stolen. The crime can be quite a misdemeanor or perhaps a felony depending on that value. Even individuals who take objects they are fully aware are stolen with the idea in mind of turning them to the police for the reward could be at risk for being charged with obtaining stolen property.

Folks who suffer from been charged with Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact legendarybailbonds Defense Attorneys straight away to start arranging a strategic defense to prove that they were either unaware those items were stolen or that they are too intoxicated to gauge the situation properly.