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

Receiving stolen rentals are unlawful and is typically defined as someone purchasing or obtaining possessing things that happen to be stolen by another individual. This is not to be mistaken with the actual theft of the items, but rather simply receiving them. It is usually very difficult for someone that is charged with this crime, as much individuals are unaware they are receiving or buying stolen goods. However, defending electric power charge of receiving stolen property in California is achievable, whether it is proven it's unknown during purchase or transfer of ownership the individual was unaware that the items or goods were stolen.

Defending Receiving Stolen Property cases

As pointed out above, the most common defense of receiving stolen rentals are that this receiver was not aware of the ownership products. The prosecution must have significant evidence, that's, evidence beyond a good doubt, that the accused was conscious items were stolen, or it needs to be reasonably certain that the accused needs to have known that this items were stolen. For instance, if someone purchases jewelry in the back of a van inside a dark alley somewhere, this can be suitable evidence that they are aware the items were stolen. The reason being since most individuals would naturally feel that something shady occuring depending on the situation and circumstances under which the jewellery was purchased.

However, in certain cases, it is possible to prove that this individual accused has not been aware that we were holding purchasing stolen items. As an illustration, if your individual walked in to a pawn shop and bought a diamond necklace, the lawyer could reasonably believe that the individual trusted the pawn shop to possess items available for sale that were legally obtained which the charge would be more suitably fitted to the pawn shop owner compared to individual that unknowingly developed a pay for the shop and after that found himself defending a stolen property charge.

Another way to defend the management of receiving stolen property is to indicate an intoxication defense. If an individual purchased or received items after they were too intoxicated to think about your situation closely, they may have reason for the charges being dismissed, because they are not intentionally purchasing or obtaining stolen items. This must be which can a legal court, though, in order for the accused to get charges dropped against your ex. Something legal counsel will perform is look at the police report as well as the situation which occurred through the arrest of the individual accused. Clues could be gained out of this information that would assist the defense.

Like theft cases, the seriousness of the punishment could rely on the price of the things that were stolen. The crime can be quite a misdemeanor or possibly a felony determined by that value. Even people who take objects they are fully aware are stolen with the idea at heart of turning them into the police for a reward could be vulnerable to paying with obtaining stolen property.

People who have been accused of Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact [ legendarybailbonds] Dui Attorneys straight away to begin planning for a strategic defense to prove that they are either unaware the things were stolen or they were too intoxicated to assess the problem properly.