Appropriation of Lost Property – California Penal Code 485

Penal Code 485 addresses the misappropriation of lost property. The law aims to prevent you from taking advantage of an accidental situation. You could be charged with a crime even if you never intended real harm but simply took the property home and acted as though it was yours.

Misappropriation of lost property involves keeping or withholding lost items that belong to someone else. You violate the law by failing to make an effort to return the property or to find the owner. The important detail is that you treat someone else’s property as your own, despite knowing it wasn’t yours. The law also focuses on your intent. Prosecutors can charge you under this statute if they believe you made a conscious decision to keep the lost property.

There are a few elements that the prosecution must prove in order to convict you. First, the property must actually belong to someone else. Second, the item must have been lost or delivered by mistake in such a way that you had reason to know it wasn’t free for the taking. Third, you must have kept it with the intention of treating it as your own, and you never took reasonable steps to find the owner.

If the value of the property is under $950, the charge is typically a misdemeanor, which can lead to:

• Up to six months in county jail.
• Fines up to $1,000.

If the property exceeds $950 in value, the crime may be charged as grand theft, which can carry:

• Felony charges.
• Up to three years in state prison.

Certain factors can lead to harsher penalties. These include:

• A prior criminal record, especially for theft-related offenses.
• Misappropriating property during a declared emergency (e.g., looting after a natural disaster).
• Using deceit or fraud to keep the property.

Beyond jail time or fines, a conviction can have long-lasting impacts. A criminal record for theft or misappropriation might:

• Limit your job opportunities, especially in roles requiring trust.
• Damage your reputation in your community.
• Restrict your ability to hold certain professional licenses.

You do have defenses if you’re charged under Penal Code 485.

You could say that you never intended that it be permanently kept. It may be that you wanted to keep it for when you found the proper owner. Never intending to keep it as your property, you may ward off a conviction.

Another is that you believed in good faith that the property was abandoned. If an item was left for a long time and you honestly believed the owner had no interest in recovering it, then you may have acted under a misunderstanding.

The prosecution must prove beyond a reasonable doubt that you misappropriated lost property. If they lack convincing evidence—like eyewitness testimony, security footage, or proof of your knowledge that the item was lost—your lawyer can argue against the charges.

Your first move should be to reach out to a Los Angeles criminal defense lawyer who understands property-related charges and how courts interpret Penal Code 485. A lawyer will know how to gather evidence, interview witnesses, and prepare a defense that fits your circumstances. This helps prevent you from saying or doing something that could hurt your case.

As soon as you suspect someone might accuse you of misappropriation, make sure you keep all evidence that might show your side of the story. This can be receipts, conversations, or notes that reveal what you did when you found the property. If there were people around who saw you pick up the item or heard you mention finding the owner, you should note their names. The more information you have, the stronger your case may be.

You might want to explain your actions to friends or family, but those conversations can get back to the prosecution. A casual comment that seems harmless could become evidence against you. It’s safer to speak directly with your attorney.

Going through a misappropriation case can feel overwhelming. An experienced lawyer guides you through these concerns.

A lawyer who focuses on criminal defense understands the ins and outs of Penal Code 485 and how prosecutors try to prove misappropriation. They know what elements the prosecution must establish and how to challenge weak evidence.

No two cases are exactly alike. One person might have picked up a lost phone with every intention of finding the owner. Another person might have held onto an item for months before realizing they could face legal trouble. A knowledgeable Los Angeles criminal defense lawyer will craft a defense strategy that addresses your specific actions, background, and the facts.