To be acquitted of charges for possession of stolen property in California, you need to demonstrate a lack of knowledge regarding the stolen status of the property and ingenious intent, or prove a rightful ownership claim. This can often lead to a case being dismissed even before the trial begins. A competent defense attorney from DCD Law can help you with each of these defense strategies, making it challenging for the prosecution to prove your wilful participation in the purchase, sale, or possession of the stolen property.
Key Takeaways
- Buying any item through standard channels and at fair market value can be a strong demonstration for a defense based on lack of knowledge.
- Ingenious intent applies to situations where you have taken possession of an item to return it to the rightful owner or turn it over to law enforcement.
- If the evidence against you was obtained via an illegal search by police authorities, it constitutes a blatant violation of your constitutional rights. Your defense counsel can move to suppress such evidence so that they do not affect your trial. In some cases, it can also lead to the dismissal of the case itself.
- It is up to the California prosecutors to prove that you had prior knowledge of the stolen status of the property when receiving it.
- Hiring a defense attorney from DCD Law will help you execute a customized defense strategy to maximize the chances of a favorable outcome.
Possession or receiving stolen property is an offense that is treated very aggressively by prosecutors in California. Prosecutors often operate with the assumption that the person in possession of the stolen item had some involvement in the underlying threat as well. As a result, if such charges are brought against you in a court in California, it can often become a massive legal hurdle in no time at all.
What Are The Legal Aspects Of Possession/Receiving Stolen Property In California?
Under the California Penal Code Section 496(a), if you have knowledge that an item or property has been obtained by theft, extortion, or other such illegal means, it is a criminal offense to buy, sell, receive, withhold, or conceal that item. Guilty parties are awarded penalties depending on the value of the property. These penalties are classified into two groups:
- Misdemeanor: For properties that are valued at less than $950, possession of a stolen item is classified as a misdemeanor offense or petty theft, carrying a financial penalty of a maximum $1,000 fine and up to 12 months in county jail.
- Felony: If the value of the property is more than $950, possession of a stolen item is classified as a felony or grand theft, carrying a financial penalty of a maximum $10,000 fine and incarceration in county jail or state prison for a duration of 16/24/36 months.
What Are The Prosecution Obligated To Prove?
Understanding the legal aspects associated with California Penal Code Section 496(a) means that it is the legal burden of the prosecution to prove that:
- The property was stolen: The prosecution must prove that the item/property in question was obtained by theft or extortion, and not gifted, abandoned, or sold legally by the original owner.
- You had control of possession: The prosecution must prove that either you had the item on your person physically, or that only you had complete control of possession of the item/property, and that it wasn’t stored in a shared space by someone else without your knowledge.
- You knew that the item/property was stolen: The prosecution must prove beyond a doubt that at the time of receiving the item/property, you had knowledge that it was obtained illegally. If you can prove that the item/property was purchased through standard channels (e.g., at an open market or an online store) without knowing that the item was stolen, the prosecution cannot prove criminal intent for a successful conviction.
How To Identify Strategic Frameworks That Can Help You Defeat A Charge For Possession Of Stolen Property In California?
When you hire a competent defense attorney from a major law firm like DCD Law, your legal counsel will help you identify competent strategies against the possession of stolen property charge in California.
| Defense Strategy | Legal Mechanism |
Expected Court Outcome |
| Lack of Knowledge | Prove that you had no reason to suspect the item was stolen. | Complete acquittal or pre-trial dismissal. |
| Innocent Intent | Demonstrate that you took the item specifically to return it to the owner or law enforcement. | Dropped charges or a tracking dismissal. |
| Rightful Ownership Claim | Present evidence that you honestly believed the property belonged to you. | Case rejected by the prosecution. |
| Illegal Search and Seizure | File a motion to throw out evidence found via constitutional violations. | Case dismissed due to lack of evidence. |
Table: Strategic Defense Frameworks Against a Possession of Stolen Property Charge in California
Tactical Defense Activity: From Pre-Filing To Courtroom
To ensure a successful dismissal or acquittal, your legal advocate from DCD Law will build a defence program with a highly organized, multi-phase execution plan.
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Phase 1: Exercise Your Right to Silence
You have the right to stay silent during police interrogations so that the state is unable to twist your words to suit their narratives. Answer police questions about how you obtained the item/property in consideration only with your legal counsel present.
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Phase 2: Collect Evidence of Legitimate Acquisition
Your defense lawyer will help you gather all the evidence to prove legitimate acquisition by subpoenaing bank statements, purchase receipts, call logs, text messages, or online chat logs that can prove your claim to conducting an honest transaction for the item/property in question.
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Phase 3: Initiate Pre-Filing Intervention Activities
Present all relevant evidence to the District Attorney or other prosecuting authorities to exculpate you from the charges before they are officially filed in court.
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Phase 4: File Motion to Suppress Illegally-Obtained Evidence
If a piece of evidence against you was collected by the police unconstitutionally, your defense lawyer will file a motion with the court, asking for the evidence to be removed from the record since it was obtained through a violation of your constitutional rights.
Strengthen Your Defense Against A Possession Of Stolen Property Charge In California With The Right Legal Representation
Simply possessing an item or property that legally belongs to someone else does not make you a criminal. And although California laws are strict in this manner, you can definitely secure a dismissal or an acquittal through competent legal representation. DCD Law’s competent attorneys can provide you with the best localized defense to ensure desired outcomes.
Ready To Hire The Best Defense Lawyers In California?
Visit DCD Law and discuss your charges with a defense attorney TODAY! After careful consideration of all the facts of the case, your legal counsel will help you formulate the most effective defense strategies.
Frequently Asked Questions
Can I Be Charged With Theft and Possession of the Same Stolen Property Simultaneously?
California law does not allow a defendant to be convicted of theft as well as possession of the same stolen item. Hence, prosecutors have to choose which charge they wish to press against the defendant.
What If I Bought an Item and Later Found Out That It Was Stolen?
If you purchased the item without knowing that it was stolen, only to find out about it later, you will be protected by the lack of knowledge defense strategy. However, if you continue to keep the item in your possession even after finding out that it was stolen, you can be charged and convicted for possession of a stolen item.
If I Bought an Item for an Incredibly Low Price, Does It Prove That I Knew About the Item Being Stolen?
Although not a strong piece of evidence, this is surely an argument that can prove to be circumstantial evidence submitted by the prosecution. Your defense counsel can counter this argument by presenting your honest beliefs and attitude at the time of purchase, along with the seller’s statements regarding the relatively low price of the property.
Can I Be Arrested If a Stolen Item Was Recovered in an Apartment I Share With My Roommate(s)?
Yes, every individual living in the shared space can be arrested in connection with the possession of a stolen item. However, that isn’t grounds enough for a conviction, and it is your defense lawyer’s job to prove that you had no knowledge or participation in the illegal possession of the stolen item.
What If the Stolen Item Was Received by the Police From My Car During a Routine Traffic Stop?
If the police did not have a legal reason to stop your car, or did not have probable cause to search your vehicle, all evidence gathered in the process becomes inadmissible in court as it was obtained through the violation of your right under the Fourth Amendment. Your defense counsel will file a motion for this evidence to be dismissed in court.
