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In the intricate world of criminal law, the offense of receiving stolen property is a serious matter that can lead to significant legal consequences. If you find yourself facing charges related to this crime, it’s crucial to understand the legal landscape and have a dedicated advocate in your corner. At the Law Offices of David S. Chesley, our experienced attorneys are committed to providing the knowledgeable guidance and aggressive representation you need to navigate this challenging situation and protect your rights.
Receiving stolen property is a criminal offense that involves knowingly accepting, acquiring, or possessing property that has been obtained through theft or burglary. The law aims to discourage the market for stolen goods, recognizing that without buyers, the incentive to steal is greatly diminished.
In California, the offense of receiving stolen property is defined under Penal Code 496 PC. This statute makes it a crime to buy, receive, conceal, sell, or withhold from its rightful owner any property that one knows to be stolen.
It’s important to note that the legal nuances of this offense can vary by jurisdiction, so it’s essential to consult with a knowledgeable attorney who can provide guidance specific to your case.
The consequences of a conviction for receiving stolen property can be severe, ranging from fines to significant jail time. The specific penalties often depend on factors such as the value of the stolen property, the defendant’s criminal history, and the presence of aggravating or mitigating circumstances.
In California, if the value of the stolen property is $950 or less, the offense is typically charged as a misdemeanor. A conviction can result in penalties of up to one year in county jail and/or a fine of up to $1,000.
When the value of the stolen property exceeds $950, the crime can be elevated to a felony charge. The consequences of a felony conviction are more severe, potentially including 16 months, two years, or three years in county jail, and/or a fine of up to $10,000.
It’s crucial to remember that these thresholds and penalties can vary significantly from state to state, underscoring the importance of consulting with an attorney who is well-versed in the specific laws of your jurisdiction.
If you are facing charges of receiving stolen property, it’s essential to understand that you have rights and potential defenses. Some of the most common defenses include:
One key element of the offense is that the defendant must have known that the property was stolen. If you did not know and had no reason to believe that the property was obtained through theft, this can form the basis of a strong defense.
In some specific circumstances, if you intended to return the stolen property to its rightful owner and were in the process of doing so, this may serve as a defense. However, this defense typically requires corroborating evidence to be effective.
If you genuinely believed that the property was lawfully obtained, such as if you purchased it from a seemingly reputable source, you may be able to argue that you had no reason to suspect it was stolen.
While challenging to prove, an entrapment defense argues that law enforcement induced you to commit a crime that you would not have otherwise committed. If the evidence suggests that you were not predisposed to receive stolen property until persuaded by police tactics, this defense may be applicable.
Facing charges of receiving stolen property can be an overwhelming and stressful experience. The potential consequences of a conviction can have a profound impact on your life, freedom, and future. That’s why it’s essential to have a dedicated and experienced legal advocate on your side.
At the Law Offices of David S. Chesley, our attorneys have the knowledge, skills, and commitment needed to provide the robust defense you deserve. We will:
With our extensive understanding of California’s criminal laws and our track record of success, you can trust that your case is in capable hands.
If you or a loved one is facing charges related to receiving stolen property, don’t wait to seek the experienced legal representation you need. Contact the Law Offices of David S. Chesley today at (800) 755-5174 for a confidential consultation. Our attorneys are available 24/7 to provide the guidance and advocacy you need during this challenging time.
With strategically positioned offices throughout Southern, Central, and Northern California, we’re always in your corner, no matter where you are in the Golden State. From the bright lights of the big city to the quiet streets of the suburbs, the Law Offices of David S. Chesley has got your six.
Receiving stolen property is a crime that involves knowingly accepting, acquiring, or possessing property that has been stolen or obtained through theft or burglary. The law aims to discourage people from creating a market for stolen goods, which can incentivize theft.
In California, receiving stolen property is a serious offense that can result in either misdemeanor or felony charges, depending on the value of the stolen property and other factors. Misdemeanor convictions can lead to up to one year in county jail and a fine of $1,000, while felony convictions can result in 16 months to 3 years in county jail and a fine of up to $10,000.
Lack of knowledge is a common defense against charges of receiving stolen property. If you can show that you did not know and had no reason to believe that the property was stolen, your attorney may be able to argue for a dismissal or reduction of the charges.
In some cases, if you intended to return the stolen property to its rightful owner and were actively trying to do so, this may serve as a defense. However, you would need strong evidence to support this claim, and it’s best to consult with an experienced criminal defense attorney to discuss your specific situation.
If you are facing charges related to receiving stolen property, it’s crucial to seek the help of a skilled criminal defense lawyer as soon as possible. Do not try to explain your situation to the police or prosecutors without first consulting an attorney, as anything you say could potentially be used against you in court.
An experienced criminal defense attorney can thoroughly review the evidence in your case, identify potential weaknesses in the prosecution’s arguments, and develop a strong defense strategy tailored to your unique circumstances. They can also negotiate with prosecutors to potentially have the charges reduced or dismissed and advocate fiercely for your rights in court.
Some common defenses against receiving stolen property charges include lack of knowledge (not knowing the property was stolen), intent to return the property to its rightful owner, mistake of fact (believing the property was legally obtained), and entrapment (being induced by law enforcement to commit a crime you otherwise wouldn’t have committed).
The potential for jail time depends on the specific circumstances of your case, such as the value of the stolen property and your criminal history. In California, misdemeanor convictions can result in up to one year in county jail, while felony convictions can lead to 16 months to 3 years in county jail. However, an experienced attorney may be able to help you avoid or minimize jail time through negotiation or alternative sentencing options.
The Law Offices of David S. Chesley has a team of skilled criminal defense attorneys with extensive experience handling receiving stolen property cases. We offer personalized attention, thorough case investigation, and aggressive representation to fight for the best possible outcome for our clients. With our deep understanding of California’s criminal laws and our commitment to protecting our clients’ rights, you can trust that your case is in capable hands.
If you or a loved one is facing charges related to receiving stolen property in California, don’t hesitate to contact the Law Offices of David S. Chesley for help. We offer confidential consultations and can be reached 24/7 at (800) 755-5174. With offices strategically located throughout Southern, Central, and Northern California, we are always ready to fight for your rights and protect your future, no matter where you are in the state.
