Home Theft Crimes Receipt of Stolen Property

San Diego Receipt of Stolen Property Lawyer


Charged with Violating California Penal Code 496? Call Now

With the growing popularity of resale websites such as eBay, and the fact that reputable sites such as Amazon are allowing third-party sellers to provide goods to customers, it seems that anyone can buy anything nowadays. Most of these buyers do not take the time to ask to see the original receipt, or even where the item came from. And that can land them in some pretty serious trouble.

According to California Penal Code 496, individuals found in possession of stolen property can be charged with a misdemeanor or a felony. Either charge can result in fine, imprisonment, or both.

But what happens when the recipient is not aware that the goods were stolen? That matter becomes a bit more complicated.

Back to Top

Burden of Proof with Stolen Property

The burden of proof, or the obligation of finding and presenting evidence that proves a case, lies with the police in cases of stolen property. They must be able to prove that the property was stolen, that the individual in question received the property, and that the individual knew the property was stolen. Without all three of these conditions being met, there is no crime and a criminal defense attorney can help get the case thrown out of court.

But anyone can say that they simply did not know that the item was stolen, and many do. In order to separate fact from fiction, there are some factors the police will take into consideration.

  • Did the individual help conceal the property? For instance, if someone purchased a car and kept it in his friend’s garage instead of his own, that may indicate that he knew it was stolen and wanted to ensure it was not on his own property in the case of an investigation.
  • Was the property priced much lower than it is worth? The price the recipient paid for the property will also be assessed; if that price was much lower than the fair market value of the item, it may indicate that the recipient knew it was stolen. If the payment given was cash and there was no receipt provided, that may also act as proof that the recipient knew the goods were stolen.
  • Were identifying marks removed? If identifying marks, such as a VIN on a vehicle, have been removed, that is often all the police need to prove that the recipient did in fact know that an item was stolen. But that does not mean that the recipient will automatically be found guilty.

Back to Top

Defenses to a Stolen Property Charge

There are two main legal defenses to being found in possession of stolen property, even if the police are saying that you knew it was stolen. Those are mistake of fact, and right to possess the item. These two defenses can be used to prove that the recipient did not have any reason to believe the item was stolen, or that the item in question already belonged to the recipient. This latter defense would be used if someone left stolen property in one’s car and the owner of the car was not aware of it.

Being charged with possession of stolen property is a crime that can hold very serious consequences in California. If you have been charged with such a crime, contact a San Diego theft defense lawyer that knows the legal system in San Diego - call jD LAW, P.C.

Founding attorney James N. Dicks is a California State Bar-certified criminal defense specialist, and a former investigator with the LAPD. Call today at (760) 630-2000 so he can begin reviewing your case with you. Your initial consultation is free.

Back to Top

Don’t Waste Any Time!
Call us today for a FREE Consultation
(760) 630-2000

James N. Dicks

About James N. Dicks

Don’t Waste Any Time!

Time is of the essence when your future is in jeopardy.
Contact jD LAW, P.C. today for the aggressive defense you need.

X Close

A note from James N. Dicks:

Although COVID-19 has caused great uncertainty, we want to assure that our firm is operating remotely to accommodate all current, past, and future clients in need of any of our services. The best way to communicate with us is by telephone (760) 630-2000 or email info@jdlaw.law.

Currently San Diego Superior Courts are closed but are set to reopen on Monday April 6, 2020 barring any
future orders.

Do not hesitate to contact us with any questions. Sending our thoughts and best wishes to you and your family. Please follow us on Facebook for any future updates.


Aunque COVID-19 ha causado una gran incertidumbre, queremos asegurarles que nuestra oficina esta operando de forma remota para todos los clientes actuales, pasados y futuros que necesiten alguno de nuestros servicios. La mejor manera de comunicarse con nosotros es por teléfono (760) 630-2000 o por correo electrónico a info@jdlaw.law.

Los Tribunales Superiores de San Diego están cerrados, pero están programados para reabrir el lunes 6 de abril de 2020, salvo una nueva orden.

No dude en contactarnos si tiene alguna pregunta. Estamos enviando nuestros pensamientos y mejores deseos para usted y su familia. Síganos en Facebook para seguir siendo informado de novedades nuevas.


James N. Dicks
jD LAW, P.C.

X

COVID-19 Announcement

Although COVID-19 has caused great uncertainty, we want to assure that our firm is operating remotely to accommodate all current, past, and future clients in need of any of our services. The best way to communicate with us is by telephone (760) 630-2000 or email info@jdlaw.law. Do not hesitate to contact us with any questions. Sending our thoughts and best wishes to you and your family.


Aunque COVID-19 ha causado una gran incertidumbre, queremos asegurarles que nuestra oficina esta operando de forma remota para todos los clientes actuales, pasados y futuros que necesiten alguno de nuestros servicios. La mejor manera de comunicarse con nosotros es por teléfono (760) 630-2000 o por correo electrónico a info@jdlaw.law. No dude en contactarnos si tiene alguna pregunta. Estamos enviando nuestros pensamientos y mejores deseos para usted y su familia.

Schedule My Consultation