Facing an accusation of possessing stolen property can be intimidating and confusing, especially if you had no idea the items in question were stolen. California law takes these cases seriously, and even a misunderstanding can led to criminal charges under Penal Code §496. Understanding how this law works, how it’s prosecuted, and what defenses may be available is essential to protecting your rights and your future. Additionally, always contact an experienced California criminal defense attorney who can protect your rights and build a strong defense.
Understanding Penal Code §496: Possession of Stolen Property in California
Under California Penal Code §496, it is a crime to buy, receive, sell, conceal, or possess property that you know, or should reasonably know, was stolen or obtained through theft or crime. The law also prosecuted anyone who aids in selling or concealing stolen property. The law makes it clear that a person can be found guilty of the crime just by knowing that the item was stolen and even if they were not the one who stole the item themselves. It focuses on having possession and knowledge rather than committing the act of theft.
How Possession of Stolen Property is Prosecuted in California
A violation of Penal code §496 is considered a “wobbler” offense, meaning it can be charged either as a felony or a misdemeanor depending on the circumstances of the case. The prosecutor will look at various factors such as the value of the property and the individual’s criminal history when determining how to charge the crime.
If the value of the property is $950 or less, and the defendant does not have prior convictions for serious crimes such as certain violent felonies, the charge is typically filed as a misdemeanor. A misdemeanor conviction is punishable by up to one year in county jail, fines up to $1,000, and probation, community service, or restitution. However, if the property’s value exceeds $950, or the accused has prior theft convictions, the offense may be charged as a felony. In that case, penalties can include 16 months, 2 years, or 3 years of imprisonment, fines, restitution, and felony probation.
What Are The Long-Term Consequences of Conviction of Possession of Stolen Property?
A conviction for possession of stolen property can carry serious, long-lasting effects beyond jail time or fines. It may appear on your criminal record, potentially affecting your ability to gain employment, professional licenses, or immigration benefits. For non-citizens, even a misdemeanor conviction can have immigration consequences such as deportation.
As the crime of possession can be charged as either a misdemeanor or a felony, it is critical to seek experienced legal representation early in the process. A felony conviction will come with more serious repercussions and will trigger California’s “Three Strikes Law”, which enhances sentences for any future felony convictions, resulting in doubled sentences or life imprisonment. If you are charged with the crime, you will want to a vigorous defense to get the charges reduced.
Defending Against a §496 Charge
To convict someone under Penal Code §496, prosecutors must prove that the defendant knew the property was stolen. This is often the most contested issue in these cases. The question the jury has is would a normal reasonable person be able to assume that the property was stolen. Common defenses include lack of knowledge, mistaken identity, false accusation, or evidence that the property was lawfully obtained. An experienced California criminal defense attorney can analyze the evidence, challenge the prosecution’s case, and negotiate the charges whenever possible.
Contact The Law Office of Nicolai Cocis for California Possession of Stolen Property Defense
If you or someone you know has been accused of possessing or receiving stolen property, it’s essential to act quickly. These cases require a detailed review of evidence and an understanding of California’s complex theft laws. Luckily, The Law Office of Nicolai Cocsi can help provide an aggressive criminal defense strategy.
Our founding attorney brings over 25 years of experience in successfully defending passion of stolen property cases, and our firm has a proven track record of successfully getting charges reduced, and even in some cases, dismissed entirely. Contact us to schedule a consultation to protect your rights, defend your reputation, and pursue the best possible outcome for your case.
