The crime of Receiving Stolen Property usually consists of four elements which are the following:
- The stolen property must be received by the accused
- The property must have been previously stolen by someone and then sale it
- The party receiving the stolen property from the thief, must know it is or was stolen
- The party who is receiving the stolen property, must intent to deprive the legal owner of the property and give fare to the accused.
Although actual Possession of Stolen Property in physical form is not always needed in the case of receiving stolen property, a person is liable at the moment that he or she receives and takes possession of the property, which can be in the form of intangible, physical and/or control of the property.
Receiving Stolen Property Law in California
California Penal Code Section 496 PC describes the crime of receiving stolen or illegally obtained property in California as an act where someone intentionally buys, receives, stores, withholds, conceals or sells any property that he/she knows that was stolen.
Punishment
- As misdemeanor the punishment is one-year imprisonment in jail
- As felony the punishment is up to 3 years imprisonment in jail
Defense
- False Accusation
- Lack of intention
- No knowledge
- Did not receive the stolen property
California Criminal Defense Attorney
If you have been charged with Receiving Stolen Property in California, getting in touch with an experienced defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for an assessment of your case.