Can I Be Arrested For Receiving Stolen Property?
Receiving stolen property in California can lead to your arrest, so long as you know the items were stolen. The question of when it is a crime can be complicated. You need to know the rules about handling property that may be stolen to avoid ending up in jail. Even if you do not buy or purchase the items, simply having them in your possession can put your freedom in jeopardy.
What Is Criminal Receipt of Stolen Property?
A California prosecutor seeking to convict you of receiving stolen property must prove that:
- Property was stolen from another person;
- You knew it was stolen or obtained through extortion; and,
- You did one of the following with the property:
- Bought it.
- Received and accepted the item.
- Either sold or assisted in selling the property.
- Hid or concealed the valuables.
- Withheld the property.
Essentially, if you handle property that you know is stolen, you may commit a crime. In fact, you can be in possession of stolen items without even touching or holding them. You also do not need to be the only person in possession of the property. So long as you controlled or exercised a right to control the goods or funds, you can be charged with possessing stolen property.
Anytime someone presents you with something you think they stole, you need to be very careful with your actions.
What Property Is Stolen or Obtained By Extortion?
How someone obtained the property you receive is vital to determining whether you committed a crime. California defines property as stolen if it was:
- Acquired via a theft
- Theft includes larceny and embezzlement;
- Obtained through a burglary; or,
- Procured during a robbery.
Similarly, goods can be obtained through extortion if:
- They were acquired with the original owner’s consent; but,
- Their consent was received by using force or fear.
Therefore, the property must have been subject to a previous crime in order for you to be charged with receiving stolen property.
You can defend your receipt of stolen items by claiming that you only took possession with innocent intent. This means that you were planning on returning the property to its rightful owner or turning it over to the police.
Punishments Available For Receiving Stolen Property
In California, receiving stolen property can be charged as either a misdemeanor or a felony. The level of charge you face will depend on the facts of the case and your criminal history. For instance, if the stolen goods’ value is $950 or less, you will only face misdemeanor charges.
If you are charged with misdemeanor receiving stolen property, the maximum penalties include:
- A county jail sentence of up to one year; and,
- A $1,000 fine.
A felony level conviction for receiving stolen property can lead to:
- Up to three years in county jail; and,
- A $10,000 fine.
Judges have the authority to order probation instead of jail time for receiving stolen property. If you are granted probation, some or all of your sentence may be forgiven so long as you uphold your release terms.
Have you been charged with receiving stolen property in Irvine, California? Let the experienced criminal defense team at Chambers Law Firm challenge the case against you. Schedule a no-obligation free initial consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.
