Receiving stolen property is a crime to purchase or accept property that you know or believe was obtained through theft.
What constitutes a charge of Receiving Stolen Property?
Under California Penal Code 496(a) P.C., you can be prosecuted for Receiving Stolen Property if you knew the subject property was stolen, or if you received it through Extortion. You can also be charged for this crime if you aided or abetted another person in concealing, transporting, selling or withholding stolen property.
Receiving Stolen Property is typically charged in conjunction with other theft crimes (e.g., Burglary, Grand Theft, Embezzlement, and Robbery). To obtain a conviction, the prosecutor need not even prove that you accepted the stolen property for your own personal gain. The Assistant D.A. only needs to convince the jury that you exercised control over the allegedly stolen property at some point. This is known as “constructive possession”.
Receiving Stolen Property is a “wobbler” offense, meaning that the District Attorney can charge it as a felony or a misdemeanor. If the allegedly stolen property is worth at least nine hundred and fifty dollars ($950.00), then you will likely be charged with a felony; otherwise, you will definitely be charged with a misdemeanor. The facts of the case and your criminal record will also be considered by the prosecutor in deciding whether to charge you with a felony if the theft involved property worth more than $950.00.
What are Examples of Receiving Stolen Property?
Examples of Receiving Stolen Property situations include the following:
What Does the Prosecutor Need to Prove for a Receiving Stolen Property Charge?
To prove that you are guilty of Receiving Stolen Property under California Penal Code 496(a) P.C., the prosecutor must prove each of the following elements (as required by the Judicial Council of California Criminal Jury Instructions CALCRIM 1750):
What Happens If I am Convicted of a Receiving Stolen Property Charge?
If you are convicted of Receiving Stolen Property under California Penal Code 496(a) P.C., you face the following punishment (excluding any sentencing enhancements):
What are My Possible Defenses to a Receiving Stolen Property Charge?
Receiving Stolen Property cases can often be resolved during the investigation stage even before criminal charges are actually filed. Specifically, a highly experienced and skilled Los Angeles County Receiving Stolen Property attorney like Ninaz Saffari might be able to convince the investigating detective to not refer the case to the District Attorney’s Office for prosecution, or to convince the D.A.’s Office not to file charges if the case has already been referred. These are called Pre-Files, which Ms. Saffari has a great deal of experience in successfully negotiating. See her Case Results.
If you are charged with Receiving Stolen Property, Ms. Saffari will first conduct a thorough investigation, often with the help of her private investigator, to ascertain all relevant facts. Again, if possible, she will attempt to get the charges dismissed either before or shortly after they are filed. If she takes the case to trial, she will often use an expert witness who will argue that the alleged harm never occurred, did not occur to the degree claimed, occurred but was the result of an accident or unintentional conduct, or that the District Attorney has otherwise failed to provide enough evidence to meet the high threshold to prove Receiving Stolen Property.
The following are the possible defenses to a Receiving Stolen Property charge:
What Kind of Receiving Stolen Property Cases Has Ninaz Saffari Defended?
Since 2005, Ninaz Saffari has successfully represented hundreds of clients against charges of Receiving Stolen Property, and has defended both adults and juveniles.--
If you or a loved one are currently being investigated or prosecuted for this crime, it is critical that you immediately hire a highly skilled, aggressive and experienced Los Angeles County Receiving Stolen Property criminal defense attorney like Ninaz Saffari. Contact the Saffari Law Firm, P.C. now for a free telephone consultation. If Ms. Saffari believes she can help you, she will immediately schedule a free in-person meeting or, if you are in custody, she will visit you in jail (again, for free and with no obligation to hire her).
Representing All Of Los Angeles County including:
Downtown Criminal Courts Building
Van Nuys Courthouse
San Fernando Courthouse
Long Beach Courthouse