Receiving stolen property is a serious crime. Each year, many of our clients are charged with purchasing or accepting property that later turns out to have been stolen. If you are charged with receiving stolen property, Blair Defense Criminal Lawyers can defend you. We know how to vigorously fight against these charges and help you avoid a conviction.
Our lawyers have over a decade of experience defending people charged with crimes in San Diego, California. We will use our collective knowledge to provide you with the strongest defense. Call our office at (619) 357-4977 to schedule a free consultation with a San Diego receiving stolen property lawyer today.
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How Blair Defense Criminal Lawyers Can Help If You’re Arrested for Receiving Stolen Property in San Diego, CA
If you are arrested for receiving stolen property in San Diego, CA, you’ve landed in the right place. Blair Defense Criminal Lawyers is dedicated to helping people navigate the criminal court process and avoid a conviction.
Our receiving stolen property lawyers are among the best. We have many recognitions, including being named:
- Super Lawyers
- National Trial Lawyers Top 100 Attorneys
- Top 40 Under 40 Trial Attorneys
- America’s Top 100 Criminal Defense Attorneys in 2020
We help our clients at every step of the criminal court process. Our work includes:
- Filing bond motions
- Explaining the charges and penalties
- Reviewing the discovery
- Negotiating with the prosecutor
- Filing pretrial motions
- Representing you at trial
Call our office to speak with a San Diego criminal defense attorney today.
What is Receiving Stolen Property in California?
Receiving stolen property is a theft crime. However, it is a bit more complicated than stealing something. Under California Penal Code 496, receiving stolen property means purchasing or accepting property you know has been stolen or illegally acquired. Depending on the value of the property, receiving the stolen property may be either a misdemeanor or a felony.
The Elements of Receiving Stolen Property
The elements of receiving stolen property are:
- Buying or receiving any property acquired through theft or extortion and
- Knowing that the property was stolen
The charge also includes concealing, selling, or aiding in concealing or selling the property from the rightful owner.
To be convicted of receiving stolen property you do not need to have stolen the property or have been present when the property was stolen. It is enough if you are aware that the property was illegally obtained through theft.
What are the Penalties for Receiving Stolen Property In San Diego, CA?
The penalties for receiving stolen property can vary greatly depending on the facts of the case. One of the biggest indicators of the penalty is the value of the property. Since receiving stolen property is considered a wobbler offense, the judge may decide to make the charge either a felony or a misdemeanor, so long as the value of the property is over $950.
If you are convicted of a misdemeanor receiving stolen property charge, you will face up to 1 year in jail and a maximum $1000 fine. If you are convicted of a felony, you could receive 16 months up to three years in prison.
Additionally, you may be ordered to pay restitution, be put on probation, and face collateral consequences. Collateral consequences are particularly strict in felony cases. This includes:
- Social stigma
- A felony criminal record
- Difficulty finding employment or housing
- Ineligibility for certain government assistance
- Loss of the right to vote or own a firearm
You can talk with your attorney about all the potential consequences of a receiving stolen property conviction if you are convicted.
What Defenses Can Be Raised If I Am Arrested For Receiving Stolen Property in San Diego, CA?
Luckily there are many viable defenses to a receiving stolen property charge. The prosecution needs to prove that you are guilty beyond a reasonable doubt. This is called the burden of proof. If there is a question about whether or not the property was stolen, or you knew that, then you cannot be convicted of the crime. This defense is called insufficient evidence. Other defenses include:
- Lack of Knowledge: The most common defense is that you didn’t know the property was stolen. If you purchased property from someone selling on the internet, for example, you may not have known that it was stolen. However, if there are signs that it was stolen and you fail to corroborate where it came from, you could be convicted. For example, if you buy a car but the seller doesn’t have the title, you might have questions about whether or not the car was legally acquired.
- The Property Wasn’t Stolen: Another common defense is that the property wasn’t stolen in the first place. If the item was abandoned or the seller had a legal right to it, then you will not be convicted. This is common in cases where there are two owners (for example, a married couple) or when someone abandons property only to later learn that it has value.
A criminal defense attorney will be able to evaluate your specific case and determine what defenses may apply to you.
Schedule a Free Consultation With Our San Diego Receiving Stolen Property Attorneys
Call Blair Defense Criminal Lawyers today to begin working with a highly qualified San Diego receiving stolen property lawyer. We can schedule a free consultation so that you can learn more about how to build a strong defense in your San Diego, California, case.
