When the prosecuting team lacks sufficient evidence to charge you with theft, they often reduce the charges to receiving stolen property under PEN 496. According to this statute, it is illegal to buy or obtain stolen property or that which is acquired through theft or extortion. If charged with any offense of receiving stolen goods, you risk significant court fines and jail sentences when convicted. Nonetheless, if you act fast and hire an experienced criminal defense lawyer, you increase the chances of charge and penalty reduction or case dismissal. If you face these charges in Santa Ana, the California Criminal Lawyer Group is willing to help.
Meaning of Receiving Stolen Property
As per California PC 496, it is unlawful to accept, hide, purchase, sell or illegally withhold from the owner stolen property. Obtaining stolen goods is a wobbler and could be filed as a misdemeanor or felony depending on the circumstances of the case and your criminal record.
Also, the manner of obtaining the property is not essential. It could be through grand theft, petty theft, burglary, embezzlement, extortion, shoplifting, robbery, or pickpocketing. Nonetheless, the law requires that you know that the seller stole the property you were receiving.
The Elements the Prosecutor Must Prove
Before the court finds you guilty of obtaining stolen goods, the prosecutor must show the following facts about the case:
- You came into control of the property
- The property in question was stolen or acquired through extortion or theft
- You were aware or must have known the goods were stolen when you accepted them
- You planned on depriving the rightful property owner of its use permanently
PC 496 violation can happen in many ways, and in most cases, it is challenging for the prosecutors to prove beyond a reasonable doubt all the elements of the case. Our lawyers at the California Criminal Lawyer Group have further discussed the aspects of the case below:
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Control and Possession
One of the crucial elements the prosecutor must prove is that you controlled or possessed the property in question. The prosecuting lawyer proves this element in many ways. First, they must show that the stolen items were delivered to you systematically or organized. After the delivery, you were supposed to observe and pay for the items in a specific location and duration. Also, you must have divulged the location details to help the seller know where the items were to be delivered. Or you played the role of a broker by assisting the thieves in locating a buyer for the property. Sometimes, the court will find you guilty of obtaining stolen property even because you were an occupant in a stolen car.
The advantage of this aspect is that you can poke holes in the evidence presented by the prosecutor, depending on the means of obtaining it. If they obtained the evidence illegally, the court would set it aside during trial weakening the case and resulting in a dismissal or count reduction. Nonetheless, you need to retain the services of the California Criminal Lawyer Group to explain the law enforcement’s conduct during the search and subsequent arrest.
Once the prosecuting team has proved that you had control or possession of items, the next step is to confirm that the seller stole the property.
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The Property Was Attained Through Criminal Activity
For PEN 496, stolen property means any valuable item obtained through a theft or property crime like robbery, larceny, tricks, false pretenses, or burglary.
Having possession or control over an item is not illegal. The law prohibits possession of stolen property. If it is not evident the items in your possession are stolen, you will face charges for attempted reception of stolen goods and not receiving stolen goods. Therefore, when you purchase goods you believe are stolen due to their low market price, you are not guilty of receipt of stolen property. This is because you can argue the goods are not stolen, but the vendor was just retailing them at a low price because they felt so and not because they were acquired illegally.
Also, you will not be guilty of PC 496 violation if you only obtained the property to return to the lawful owner or turn them over to the authorities. In these circumstances, the property’s nature seizes to be “stolen” if it comes to your possession. Additionally, you will not be guilty when officers obtain stolen goods during apprehension, and the legal owner permits them to use it to catch another person receiving stolen goods. If you fall victim to the trap, you will be innocent because once the possessions are in the hands of the police, they are stolen no more. However, this does not mean you will not be guilty of attempting to receive stolen goods.
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You Had Knowledge
On top of demonstrating you had control of stolen possessions, the prosecutor must show the jury that you were aware or must have known someone stole the property in your possession. It is not mandatory to have known the nature of the goods, but there should be a strong belief a thief stole the item based on the facts. Typically, the prosecutor relies on circumstantial evidence to prove a firm conviction of reality. For instance, the prosecutor will provide proof of where the sale took place, the selling place, and the nature of the sale. These facts will help prove that even if you were not aware someone stole the property or goods, circumstances should have shown you it was stolen or acquired through illegal means.
You will be guilty if the prosecutor demonstrates that you were aware another person stole the item before you took control or possession. However, if you only discovered the items were stolen after they were already in your control, our lawyers can help. They will argue that before the violation of PEN 496(b) occurred, you had not satisfied a crucial aspect of the case: the awareness that someone stole the property.
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You Planned on Permanently Depriving Its Rightful Owner of It
Lastly, after showing the court that you were aware the goods were stolen when you took possession or control, they must show that you subsequently planned on depriving or denying the rightful owner of its benefits or enjoyment permanently. So, when you only purchased or received stolen goods with plans of returning them to the just owner, you will not satisfy the “intent to indefinitely deprive” element, meaning you are not guilty of a PC 496 violation.
Evidence in PEN 496 Violation Charges
The most critical element in obtaining stolen property in Santa Ana and California is whether you knew or ought to have known the property in question was stolen. The aspect is not easy to prove because you can go out to purchase an item devoid of knowledge the vendor stole it. In a case like this, you can claim that whether the property is stolen or not is not essential because you paid for it in a legitimate transaction, and there were no facts hinting the seller stole it.
Therefore, unless you confess to having known someone stole the property or goods or there were circumstances indicating so, it is not easy to demonstrate the property is stolen. For instance, you buy a car with a punched-out ignition and a screwdriver to help you ignite it. It is a clear indication the seller stole the vehicle, and you cannot argue that you lacked knowledge of the car’s nature.
Anything short of the above example makes the case all about allegations where parties exchange words. It is up to the jury to evaluate the evidence provided and the circumstances surrounding the case to determine whether you reasonably knew the seller stole the property in your possession.
Receiving or controlling stolen property counts are primarily based on circumstantial evidence. The prosecuting team must piece together small pieces of evidence to create a pattern that demonstrates you should have known someone stole the items.
Penalties of Possession of Stolen Property
Receiving stolen goods is morally wrong, so California statutes categorize this offense as that of moral turpitude. Apart from the penalties provided by the law, you will face other consequences when convicted. For instance, if you are a professional license holder, a conviction for a PC 496 violation charge will result in license revocation. For an immigrant, you risk deportation or cancellation of your immigration status when convicted.
Possession of stolen property is a wobbler, and the penalties depend on whether the offense is a misdemeanor or felony. The kind of count you face depends on the value of the stolen property and your criminal history.
Under Prop 47, the prosecuting team cannot file a receipt of the stolen goods count unless it is worth at least $950. Nonetheless, just because the property is worth over $950 does not mean you will inevitably face felony charges. The prosecutor can charge you with a misdemeanor or felony, depending on the case's nature.
If the evaluation received shows the property’s value is below $950, the offense would be filed as a misdemeanor regardless of whether you are a first-time or subsequent offender. The penalties for a misdemeanor conviction are:
- No more than twelve months of jail time
- Misdemeanor probation
- No more than one thousand dollars in monetary court fines
You will face felony penalties when the stolen property’s value is over $950. The offense is punishable by sixteen, twenty-four, or thirty-six months jail sentence. Besides, the judge can impose a monetary court fine of $10,000.
Apart from criminal charges, the victim of the crime can pursue a civil tort against you. If the outcome of the claim is in their favor, you will pay three times the damages incurred by the victim plus the legal fees incurred by the plaintiff.
Businesses that receive stolen goods face different charges and penalties from individuals. If you are a swap meet vendor or run an enterprise that focuses on collecting personal property, you will face felony charges. A conviction for the offense attracts penalties of thirty-six months in jail. Nonetheless, the property’s worth must be at least $950. Otherwise, the offense will be charged as a misdemeanor.
Effects of California Prop 47 on the Handling of Receipt of Stolen Goods Charges
After the adoption of Prop 47, people convicted of theft crimes no longer serve a prison sentence. The only individuals sentenced to prison are those convicted for violent felonies. As a result, very few individuals are being arrested for receiving stolen goods, while prosecutors are more lenient when charging those arrested for the offense.
With the new changes, individuals initially convicted of felony PEN 496 violation can obtain a charge reduction through realignment. Even if you have been charged with receiving stolen property, this is not the road's end because the law gives you a fighting chance. All you need is the California Criminal Lawyer Group by your side. Our lawyers know what to do to reduce the charges and penalties or dismiss the case. Also, we will present solid mitigating factors demonstrating to the jury why you do not deserve to serve a jail term for the offense or reserve your record.
Defenses for Receipt of Stolen Property
A rule of thumb is that you will face misdemeanor charges when charged with obtaining stolen property. Nevertheless, if the valuation of the stolen goods is at least $950, the offense becomes a wobbler because the prosecutor can charge you with a felony. The disadvantage of a conviction for this offense is that it results in a criminal record which severely dents your ability to secure a job or college admission. Employers, landlords, and learning institutions are hesitant to associate with individuals with criminal records. Therefore, the best way to avoid these repercussions is by hiring the California Criminal Lawyer Group to elevate the chances of count dismissal or reduction.
When you are arrested for receipt of stolen goods, you should reach out to one of our criminal lawyers to prepare defenses for your case. Reaching out to a lawyer on time creates sufficient time to evaluate the facts of the case and develop defense theories that will convince the prosecutor to throw out the case or reduce the counts.
If the prosecutor refuses to drop or reduce the charges, the case will proceed to trial. Here, we will present various defense theories to obtain a favorable outcome in the case. The common defense you can use to fight the charges are:
You Were Unaware the Property is Stolen
One of the best defenses against receiving a stolen property charge is a lack of knowledge that the property is stolen. The theft perpetrator can frame you for the crime by placing the stolen item in your purse, car, or property, resulting in criminal charges because the stolen item is in your possession. Luckily, claiming that you were unaware of the presence of the stolen goods can help you avoid a conviction.
You Lacked Criminal Intent
Sometimes, the court appreciates that you took the property with the innocent intent of returning it to the owner or turning it to the authorities and, therefore, will not find you guilty of the crime. However, the defense strategy only works if you purposed to return it to the owner or authorities when obtaining the property. The defense theory will not hold if, at the time of receipt of the stolen goods, you intended to keep the property and return it later, or you intended to return the property but later changed your mind.
You Lacked Prior Knowledge that the Seller Stole the Item
One crucial element the prosecutor must prove is that you had prior knowledge before the crime that the property in question was stolen or gained through illegal means. Prior knowledge is usually the basis for this crime. Your defense attorney will play an essential role at the stage because the prosecutor heavily relies upon circumstantial evidence to prove prior knowledge. They will cite the low price of the goods or lack of serial number as some of the facts that should have indicated to you that the seller stole the property. Your lawyer argues against these circumstances by claiming that the seller felt it right to sell the property at a low price, convincing the court to dismiss the charges.
You Were Involuntarily Intoxicated When the Crime Happened
When you commit a crime while intoxicated, the law allows for separate sentencing in California. Intoxication means being influenced by drugs or alcohol, thus impairing your judgment when obtaining the stolen property. If the intoxication were voluntary before the crime, the jury would conclude that you had criminal intent. However, when the intoxication was involuntary, it will be evident that you never intended to receive stolen goods. So, in your defense, you can claim that the involuntary impairment led to the receipt of stolen goods as you could not differentiate between them and legitimate property.
You are the Rightful Owner of the Property
You can only be convicted of PEN 496 violation if the property belonged to another person. However, you cannot face charges for receiving stolen property when you are the property owner. This defense applies primarily in cases where someone steals your property, and instead of reporting to the authorities, you choose to track down the goods in person. If you find the stolen property, but unfortunately, it is found in your possession, you will face theft charges, but you will not be guilty of receiving stolen items because it belongs to you.
You Borrowed the Property
You are guilty of PEN 496 violation if you intend to deprive the property owner of its use or benefits permanently. Your lawyer can assert that you borrowed the property and planned on returning it after a particular duration. With this argument, the court will dismiss the case.
As mentioned earlier, proving receipt of stolen property is not easy, and this gives you the chance to make various arguments in your defense. However, you need to find a lawyer early and go through all the details and facts of the case. It is crucial to share all the details of the case to help the lawyer know whether the prosecutor has a chance of proving the case beyond a reasonable doubt. Also, by evaluating the case’s facts, your legal team can determine whether the case will reach trial or there is a need for negotiation to obtain a plea deal.
Offenses Related to Receipt of Stolen Property
Several offenses are related to receiving stolen goods. These are:
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Grand and Petty Theft
You face grand theft charges when you take someone’s property worth at least $950 without consent. On the other hand, if the stolen property is at most $950, you face petty theft charges. The prosecutor cannot charge you with both theft and receiving stolen property in the same case. You can only face one count based on the available evidence. If there is insufficient evidence to link you with a theft crime, they will charge you with receiving stolen goods.
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PC 503 Embezzlement
Any fraudulent appropriation of property or funds entrusted to you by another person to deprive them of its benefits or enjoyment is embezzlement. Like theft, the punishment for embezzlement depends on the property's value in question. When the prosecution lacks strong evidence to charge you with embezzlement, they will opt for receiving stolen goods charges.
Other offenses related to receiving stolen property include extortion and appropriation of stolen property.
You need to work closely with an experienced lawyer to contest the charges against you in all these cases. Also, the lawyer could apply their negotiation skills to have the counts or penalties received when winning the case is almost impossible.
Find a Santa Ana Criminal Defense Lawyer Near Me
When charged with receiving stolen goods in Santa Ana, CA, do not hesitate to call the California Criminal Lawyer group at 714-844-4151 for a free consultation. Our experienced lawyers will evaluate your case, help you understand the crime, and answer any questions you have regarding the same. Additionally, we know how to build solid defense theories that will elevate the chances of a favorable outcome.
