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Legal Defenses to Penal Code 496 - Receiving Stolen Property in California

Receiving stolen property is unlawful which is typically defined as someone purchasing or obtaining having goods that happen to be stolen by someone else. This is not to get mistaken while using actual theft of the items, but simply receiving them. It may be very difficult for a person that is accused of this crime, as numerous individuals are unaware actually receiving or buying stolen goods. However, defending a cost of receiving stolen property in California is possible, if it's proven it had become unknown during purchase or perhaps the change in ownership the individual was unaware how the items or goods were stolen.

Defending Receiving Stolen Property cases

As mentioned above, the most frequent defense of receiving stolen property is that the receiver was unaware of the ownership of the. The prosecution will need to have significant evidence, that is, evidence beyond a fair doubt, how the accused was aware that the products were stolen, or it needs to be reasonably certain that the accused must have known that the items were stolen. For example, if someone purchases jewelry in the back of a van inside a dark alley somewhere, this may be sufficient evidence they were aware those things were stolen. This is because since most individuals would naturally believe that something shady was happening using the situation and circumstances to which the jewelry was purchased.

However, in some instances, it is possible to prove the individual accused wasn't aware that they were purchasing stolen items. For example, in the event the individual walked right into a pawn shop and obtained a diamond necklace, the lawyer could reasonably reason that the consumer trusted the pawn shop to get items available that have been legally obtained understanding that the charge can be more suitably designed for the pawn shop owner than the individual that unknowingly created a invest in the shop and after that found himself defending a stolen property charge.

A different way to defend the control of receiving stolen rentals are to demonstrate an intoxication defense. If someone purchased or received items when they were too intoxicated to check out your situation closely, that they've cause of the fees to become dismissed, as they are not intentionally purchasing or obtaining stolen items. This has to be shown to a legal court, though, in order for the accused to possess charges dropped against him or her. Another thing an attorney is going to do is glance at the police report as well as the situation which occurred in the arrest of the baby accused. Clues could be gained because of this information that might profit the defense.

Like theft cases, the degree of the punishment may rely on the price of the items which are stolen. The crime is actually a misdemeanor or perhaps a felony determined by that value. Even people who take objects they know are stolen while using idea in mind of turning them into the police for the reward could be in danger of charges with obtaining stolen property.

People who have been accused of Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact http://www.legendarybailbonds.com Defense Attorneys right away to begin planning a strategic defense to prove that they are either unaware those things were stolen or they were too intoxicated to evaluate your situation properly.