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

Receiving stolen property is against the law and is also typically looked as someone purchasing or obtaining possession of goods that have already been stolen by someone else. It's not to get mistaken while using actual theft of the items, but simply receiving them. It could be very difficult for an individual that's accused of this crime, as many individuals are unaware they are receiving or buying stolen goods. However, defending electric power charge of receiving stolen property in California can be done, if it is proven it had become unknown during purchase or the transfer of ownership the individual was unaware that the items or goods were stolen.

Defending Receiving Stolen Property cases

As pointed out, the most frequent defense of receiving stolen rentals are the receiver was unacquainted with the ownership products. The prosecution have to have significant evidence, that is certainly, evidence beyond a fair doubt, that the accused was aware that goods were stolen, or it needs to be reasonably without doubt the accused should have known that the items were stolen. As an illustration, when someone purchases jewelry in the back of an van within a dark alley somewhere, this is good enough evidence they were aware those things were stolen. Associated with since most individuals would naturally assume that something shady happening in line with the situation and circumstances this agreement the jewellery was purchased.

However, in some instances, you are able to prove the individual accused wasn't aware that these folks were purchasing stolen items. As an example, if the individual walked right into a pawn shop and bought a diamond necklace, the lawyer could reasonably believe that the consumer trusted the pawn shop to get items for sale which are legally obtained knowning that the charge could be more suitably designed to the pawn shop owner as opposed to individual that unknowingly created a obtain the store and after that found himself defending a stolen property charge.

An additional way to defend the power over receiving stolen rentals are to exhibit an intoxication defense. When someone purchased or received items after they were too intoxicated to look at the problem closely, that they've cause of the charges to get dismissed, while they are not intentionally purchasing or obtaining stolen items. This has to be shown to the judge, though, to ensure the accused to own charges dropped against him or her. A very important factor a legal professional is going to do is look at the police report and also the situation which occurred through the arrest of the baby accused. Clues could be gained from this information that will profit the defense.

Like theft cases, the seriousness of the punishment may rely on the price of the items that were stolen. The crime could be a misdemeanor or perhaps a felony according to that value. Even individuals who take objects they are fully aware are stolen with all the idea at heart of turning them into the police for a reward could possibly be vulnerable to charges with obtaining stolen property.

Individuals who have been charged with Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact [ legendarybailbonds] Defense Attorneys right away to start planning a strategic defense to prove them to be either unaware the items were stolen or they were too intoxicated to evaluate the situation properly.