Receiving Stolen Property
Theft Crime Lawyer in San Diego
In California, the crime of Buying or Receiving of Stolen Property is punished by California Penal Code Section 496, which states in relevant part:
Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year.
However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year.
A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.
Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year.
Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.
Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees.
Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in the state prison, or in a county jail for not more than one year.
In California, virtually any form of possession of stolen property will subject an individual to arrest and punishment under PC § 496. One does not even need to physically touch or see the property in order for them to have possession. Simply allowing someone to place stolen property in your garage or warehouse, even briefly and without ever having access to the property, will be punishable under this section. Any form of control whatsoever, combined with the knowledge of the illicit nature of the property as stolen, will be grounds for arrest for receiving stolen property. It is therefore imperative that you seek a San Diego criminal defense lawyer to assist you in fighting any charges you may be facing for receiving stolen property. At The Law Office of Marc S. Kohnen, they will aggressively fight to protect your rights.
Receiving Stolen Property Convictions
To be convicted under this section the prosecution must show (1) the property was in fact stolen, (2) you obtained possession of the property, and (3) when you obtained possession you knew it was stolen. Possession of the property can be simple to show given the proper circumstances. Generally "possession" is defined very broadly by courts and will apply to any situation where the property is under your control. If the container, vehicle or structure the property is not under your possession or control, you may have a strong argument that you were not in possession of the property. Also, if the property was discovered by law enforcement in violation of your constitutionally protected rights under the Fourth Amendment, evidence of the circumstances of your possession will not be admissible in court. Law enforcement officers must follow strict guidelines when conducting searches, seizures, and arrests. If these guidelines are not followed, the prosecution will not be able to use any evidence or information derived from the unlawful search, seizure, or arrest.
Proving that the property was actually stolen is the burden of the prosecution. The prosecution must show that the property was stolen by a 3rd party principle by way of larceny, embezzlement, or robbery. If the principle is not actually convicted on the merits of their own separate case, for example if they took a plea bargain or if the larceny case is still pending, the prosecution in a receipt of stolen property case must undertake the additional endeavor of proving a separate larceny case to prove the property actually was stolen.
It is also the burden of the prosecution to prove that an individual charged under this section actually knew, or had very good reason to know, that the property was stolen. Proving that one actually knew of the stolen nature of the goods can be difficult without substantial circumstantial evidence such as a confession. Absent admission of knowledge, the prosecution generally must rely on evidence showing that you had reason to know the goods were stolen and even with this knowledge then voluntarily took possession. Evidence of this type can come in the form of serial numbers being scratched off goods or buying the goods out of a van for an unbelievably low price with no receipts. However, even if such facts exist, your defense attorney should never let such evidence be presented to the court without strong and persuasive facts negating the element on knowledge. For example, the law does not impose a duty on individuals (non-merchants) buying personal items to make any affirmative inspection of the goods for bar codes or serial numbers. Therefore the law should not penalize an individual for failing to do so. Nor is it illegal to purchase barely used goods off another individual for a low price and rarely, if ever, does one ask for a receipt when purchasing goods off a medium such as Craigslist.
The law does, however , impose a duty on merchants and those who regularly deal in the type of goods in question to make such inspections with regards to the potential stolen nature of the goods. Merchants will have an increased duty to inspect the goods they purchase for resale which decreases the prosecution's burden in proving knowledge. E ven with merchants, the prosecution must still rely on a substantial amount of circumstantial evidence to convince a jury beyond a reasonable doubt that the merchant knew or had sufficient reason to know that the property was stolen. This will likely require expert witnesses to attest to standards of the industry and other duties of inspection, thorough investigation into the history of business practices of the defendant, as well as costly discovery in other business records that might show a history of the purchase and sales of stolen goods.
While the duties of investigation and requirement of knowledge between individuals and merchants differ, the penalties under Penal Code §496 are the same. Receiving stolen property is a crime known as a "wobbler," which means that depending on the circumstances of the case, the value of the stolen property, and the criminal history of the accused it can be charged as a misdemeanor or a felony. If, for example, the individual purchased items of substantial value, with convincing evidence to show that they knew the items were stolen or aided in the theft of the items, the offense will likely be charged as a felony carrying a punishment of up to 3 years in prison. Prior criminal history will give power to the court to increase the sentence. Also, if the stolen property is any kind of motor vehicle, the court could impose an additional sentence of up to 3 years in state prison and a fine of up to $10,000.
Section (a) and (b) of Penal Code §496 also provide law enforcement with statutory discretion in charging the crime as a misdemeanor. With such discretion available, your defense must use every resource within their power to articulate to the court exactly why the circumstances of the offense do not warrant a felony conviction. If the evidence is in fact sufficient to warrant a conviction under this section, the court is allowed to consider any and every fact that could warrant mercy in the interests of justice. Such factors include good character references by former employers and family members, or professional and academic achievements the part of the defendant. Therefore, it pays dividends to retain an experience defense that is willing to fight on your behalf to provide the court with any and all pertinent information that will persuade the court to exercise its discretion on the side of leniency towards your unique circumstances.
If you are arrested and charged under Penal Code §496, the sooner you contact an experienced and skilled criminal defense attorney regarding the matter, the sooner they may consult with you on your options and contact the prosecution to have the charges reduced to a misdemeanor or dropped. The days following your arrest, prior to your first court date are crucial in determining how the prosecution will build their case, or whether they are willing to pursue the case at all. As mentioned above, it will take a sufficient level of circumstantial evidence to successfully convict an individual under this section. If the evidence is lacking in any way, the prosecution may be persuaded to reduce the charges or plea bargain their case in the interest of justice and judicial economy. Attorneys at The Law Office of Marc S. Kohnen have been able help many people through these difficult and delicate matters involving charges under PC § 496.
When facing charges of receiving stolen property, contact a San Diego theft crime attorney for skilled legal representation.