Possession of stolen property can be a major problem. In California, it is illegal to possess any property that you know has been stolen. A conviction for Receiving Stolen Property could result in a county jail or a state prison sentence. A conviction would also result in a permanent criminal record seriously impacting your ability to obtain and keep employment. Your criminal defense lawyer could be the single most important factor in determining the outcome of your case. If you have been charged with Receiving Stolen Property, contact the skilled criminal defense attorneys at Rodriguez Lewis & Kahn to schedule a confidential consultation to discuss your legal options.

WHAT IS RECEIVING STOLEN PROPERTY?

Receiving stolen property is the crime of obtaining or controlling property known to have been stolen. According to California Penal Code Section 496, receiving stolen goods can be charged when a person, "buys or receives any property that has been stolen, knowing the property to be so stolen..." or when a person "conceals, sells, withholds, or helps to conceal, sell, or withhold any property from the owner." In order to convict you for receiving stolen property, the prosecutor must prove beyond a reasonable doubt that:

• The goods were stolen,
• The defendant received the stolen goods, and
• The defendant knew the goods were stolen when he/she received them.

The prosecutor must prove the defendant received the property. The act of receiving property includes actual or constructive possession. For example, actual possession would be wearing a diamond ring on your finger. If the diamond ring were kept on your nightstand, then that would be constructive possession. If the defense can present evidence that the goods or property in question were not stolen or that the defendant had no knowledge that the goods were stolen then the prosecutor may have a difficult time obtaining a conviction.

Either side can use circumstantial evidence (indirect evidence) to prove a defendant knew or did not know the property was stolen. A judge or jury can use facts such as these to prove knowledge of stolen property:

• Possessing multiple items that have been reported stolen
• Purchasing or acquiring items without receipts or other documentation
• Receiving items as "gifts" from a person you knew was a thief, or has no reason to give you gifts
• Giving a false name of the person who gave or sold you the property
• Forgetting the details of how you got the property
• Possessing a number of items with the identifying marks (e.g., serial numbers) filed off
• Purchasing items at prices that you knew were "too good to be true"
• Giving false or incomplete statements as to how the property came into your possession.

Depending on the stolen property's value and the prosecutor's discretion, Receiving Stolen Property can be charged as either a misdemeanor or a felony (in California this is called a "wobbler"). Like other theft crimes, how a receiving stolen goods offense is charged depends a great deal on the value of the item(s) in question. If valued at less than $950 (petty theft), you are more likely to be charged with a misdemeanor, and if the stolen goods are worth more than $950 (grand theft) you are more likely to be charged with a felony.

PENALTIES

A typical misdemeanor receiving stolen property conviction will be punished with paying a fine and/or spending up to one year in county jail. The penalties may be increased if you have a record of prior theft convictions. A typical felony conviction for receiving stolen property will be punished by 16 months, or 2 or 3 years in state prison and/or a fine. Conviction for receiving a stolen motor vehicle or boat will result in increased fines.

LOS ANGELES CRIMINAL DEFENSE ATTORNEYS

Rodriguez, Lewis & Kahn have the experience and expertise to obtain the best possible outcome for your case. We are also highly skilled in obtaining alternative sentences such as house arrest and electronic monitoring for theft offenses and receiving stolen property. Call us and come in to our office to discuss the facts of your case, your legal options, and how we can help you.