If you knowingly possess stolen property, you could be charged with a crime.
Picture this scenario: a friend gives you an expensive gift. You are surprised, thinking that the friend probably can’t afford such a nice present. You accept it anyways, and go about your life. But soon enough, the police knock at your door — and arrest you for the crime of receiving stolen property. Can they really charge you with this crime?
In this specific situation, the answer is probably no. As an experienced Riverside criminal defense attorney will tell you, California law makes it a crime to buy, receive, conceal, sell or withhold from the owner any property that you know has been stolen. If you did not actually know that an item has been stolen, then you did not commit the crime of receiving stolen property.
However, there are many cases where a person could be convicted if the facts were slightly different. For example, if that same gift still has the security tags attached and your friend is known to be a shoplifter, then you could potentially be prosecuted for receiving stolen property. That is because the prosecution could make the case that you know that the property was likely stolen, and yet you kept it — putting you well within the elements of the crime of receiving stolen property.
There are other ways that a person can be prosecuted for receiving stolen property. For example, it is also a crime to conceal stolen property under this law. If a person helps someone hide property that they know to be stolen, that would qualify under the statute. Similarly, if a person (such as a pawn shop owner or an eBay seller) sells items that they know to be stolen, they could be prosecuted for receiving stolen property.
Receiving stolen property can be charged as either a misdemeanor or a felony, depending on the facts of the case. If the total value of the property involved is $950 or less, then it must be charged as a misdemeanor, with penalties ranging from up to one year in county jail and/or a fine of up to $1,000. If the property is valued at over $950, then it can be charged as a felony, with penalties of up to three years in county jail and/or a fine of up to $10,000.
A skilled Riverside criminal defense attorney can present many defenses to the crime of receiving stolen property, including that you did not know that the property was stolen or that you possessed the stolen property. For example, if someone stashed property at your home without your knowledge, that could be used to show that you were unaware that you possessed it. If you intended to return the property to its owner or to the police, your Riverside criminal defense attorney could use this to argue that you had an innocent intent in possessing it.
If you have been charged with the crime of receiving stolen property or any other California crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will aggressively defend you and work to achieve the best possible result for your case.
