Remember that a defendant must “receive” stolen items to be guilty under this law. In addition, this word carries a specific legal definition. An accused is therefore not guilty of any crime if he has not actually received the objects. If you have been charged under Section 496 of the California Penal Code, it is important to speak to an experienced California criminal defense attorney as soon as possible. The penalty for receiving stolen property can be as short as probation for the offenses or up to four years in state prison and a $10,000 fine. With a vigorous defense, allegations can be downplayed – or even dismissed altogether. Being the rightful owner (“rightful owner”) of the property is a legal defense if the defendant has a legal right to the property. Criminal Code 496 PC defines receiving stolen property as a crime in which a person buys, receives, hides, sells or retains property that he or she knows has been stolen. Prosecutors can file the charge as a misdemeanour or felony and the maximum penalty is up to 3 years in prison. What does it mean to “keep” stolen property within the meaning of article 496 of the Penal Code? In addition to imprisonment or imprisonment, receiving stolen property may expose you to a civil lawsuit brought by the rightful owner of the property. In such a case, you may have to pay three times the owner`s actual damages, plus the owner`s attorney`s fees and other costs to take legal action against you.
Here, it is unlikely that Paco will be guilty under PC 496. The Porsche was his first car purchase and he was a bit naïve in the market. A reasonable person would honestly think that he was the owner of the property. He also didn`t really know that the car was “hot.” Example: Louis has a friend who stole stereo systems from his garage. Although Louis never touched the equipment, he received stolen goods. This is because Louis has the right to control his garage and he knows that the stolen goods are there. The basis for any arrest, indictment or trial for the crime of criminal possession of stolen property is the criminal offense of new York Penal Code 165.40. This crime, criminal possession of stolen property in the fifth degree, is committed when you (1) knowingly possess stolen property and (2) you intend to prevent the owner from recovering such property or if you intend to profit from the possession. Again, you don`t need to have actually stolen the property, that is, committed the theft or theft.
You would be guilty of this crime if you had only owned the property afterwards with the intent described above. This period may be a few seconds, weeks or months after the theft committed by you or a third party. To make matters worse, your possessions can be constructive, as opposed to the real and physical ones. The penalty for large theft depends on the type of stolen property. You commit the crime of extortion (aka “extortion”) when you use violence or fear to obtain money or property from another person. A defendant may challenge a case of receipt of stolen property with various possible defenses. Under California law, theft is defined as the illegal removal of someone else`s property. Preserving a property means taking possession of and controlling it.5 Note that these last two defenses do not apply if you initially decided to steal the property and first changed your mind to return it to the owner or law enforcement. Objections also do not apply if you have received stolen property to return or hand it over to the police, but then changed your mind and decided to keep it.
Remember that under this section of the code, a defendant is only guilty if he knew that the property in question had actually been stolen. This means that it is always a defense for the defendant to say that he did not have this knowledge. You cannot be convicted of both stealing and receiving the same goods. If you owned stolen property because you stole it, you could be convicted of theft/extortion OR receiving stolen property – but not both. For example, vendors and individuals whose primary activity is to process or collect property or personal effects may be found guilty of receiving stolen property if: While there is rarely anything close to a “simple thing” in New York criminal law practice, a group of crimes may defy this rule regarding an assistant district attorney`s ability to prosecute and prosecute a crime. specific. Criminal possession of stolen property, a set of crimes ranging from “A” offences to “B” crimes, is this group of crimes. Often referred to by New York defense attorneys as the “sister crimes” of Petit Larceny and Grand Larceny, criminal possession of stolen property may be more easily proven by prosecutors in certain circumstances, but is equal to or even more serious than many white-collar crimes found in New York criminal law. Example: James introduces himself as a fine carpet cleaner and promises free collection and delivery. However, when he picks up carpets, he delivers them to Kevin, who sells them at a barter meeting. James is guilty of stealing the carpets under false pretenses.