{"id":401,"date":"2020-06-15T10:33:27","date_gmt":"2020-06-15T10:33:27","guid":{"rendered":"http:\/\/localhost\/monderlaw\/?page_id=401"},"modified":"2021-05-21T12:17:26","modified_gmt":"2021-05-21T12:17:26","slug":"san-diego-receiving-stolen-property-criminal-lawyer","status":"publish","type":"page","link":"https:\/\/www.monderlaw.com\/theft\/receiving-stolen-property\/","title":{"rendered":"San Diego Receiving Stolen Property Criminal Lawyer"},"content":{"rendered":"<h2>Receiving Stolen Property\u00a0in San Diego<\/h2>\n<p>What if another person was the one who\u00a0stole some property but you received it and are now in possession, can you be charged with a criminal offense in San Diego? Yes, a person who receives property known to be stolen and who now has possession or control over the stolen property will be charged under California Penal Code section 496.\u00a0Knowing the property to be stolen to buy, sell, receive, conceal, or withhold property that has been obtained in a manner constituting theft or extortion is a serious crime.<\/p>\n<h2>Understanding Penal Code Section\u00a0496<\/h2>\n<p>In consideration of the seriousness of receiving stolen property, California has criminalized it under Penal Code section 496. Under this law, &#8220;Any person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, or knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170&#8221;. If you are facing these charges, you should get in touch with <a href=\"https:\/\/www.monderlaw.com\/\/\">a capable criminal defense lawyer<\/a> as soon as possible.<\/p>\n<h2>In what circumstances can you be convicted of receiving stolen property?<\/h2>\n<p>Basically, to convict someone of PC 496, the prosecutor must prove each of the following elements beyond a reasonable doubt:<\/p>\n<ol>\n<li>The defendant bought, received, sold, aided in selling, concealed or withheld from the owner, or aided in concealing or withholding from the owner property that had been stolen or obtained by extortion;<\/li>\n<li>The defendant knew that the property was\u00a0stolen or obtained by extortion;<\/li>\n<li>The defendant knew of the presence of the stolen property.<\/li>\n<\/ol>\n<h2>Receiving Stolen Property Can Be Filed\u00a0As a Misdemeanor or a Felony<\/h2>\n<p>Receiving property known to be stolen and who now has possession or control over the stolen property is a wobbler. A wobbler is a charge that the prosecutor has discretion to file as either a misdemeanor or a felony. In receipt of stolen property\u00a0cases, the issuing criminal attorney\u00a0at the District Attorney\u2019s Office will determine the severity of the charges based on the\u00a0value of the stolen property.<\/p>\n<h3>Misdemeanor Receipt of Stolen Property\u00a0Penalties<\/h3>\n<p>If the value of the stolen property does not exceed $950,\u00a0you could face:<\/p>\n<ul>\n<li>A maximum sentence of\u00a01 year in county jail;<\/li>\n<li>Informal\u00a0probation;<\/li>\n<li>Restitution to the victim up to\u00a0three times the amount of the loss.<\/li>\n<\/ul>\n<h3>Felony\u00a0Receipt of Stolen Property\u00a0Penalties<\/h3>\n<p>If the value of the stolen property exceeds\u00a0$950,\u00a0you could face:<\/p>\n<ul>\n<li>A maximum sentence of 16 months, 2, or 3 years in California state prison;<\/li>\n<li>Formal probation;<\/li>\n<li>Restitution to the victim\u00a0up to\u00a0three times the amount of the loss.<\/li>\n<\/ul>\n<h2>Potential Defense Strategies against Receipt of Stolen Property Charges<\/h2>\n<p>Because of the severity of the penalties that are involved with receipt of stolen property\u00a0charges, your criminal defense attorney will have to determine which legal defense strategy\u00a0will work best in your particular situation.<\/p>\n<ul>\n<li>Accident; you accidentally received stolen property.<\/li>\n<\/ul>\n<ul>\n<li>Lack of Criminal Intent; you unknowingly received stolen property.<\/li>\n<\/ul>\n<ul>\n<li>You are\u00a0the true owner of the stolen property.<\/li>\n<\/ul>\n<h2>Your Best Defense against Receipt of Stolen Property Charges in San Diego<\/h2>\n<p>If you are charged with receipt of stolen property, especially if you are facing a felony charges, the best thing you could do is find an experienced criminal defense attorney in your jurisdiction. Attorney Vik Monder is a skilled criminal defense attorney who practices and has a <a dir=\"ltr\" lang=\"en-US\" href=\"https:\/\/www.monderlaw.com\/\/pratice-areas\/theft\" target=\"_self\" rel=\"noopener noreferrer\" hreflang=\"en\">long track record in theft crime defense in San Diego<\/a>. He has great contacts with police investigators and prosecutors in this community. For the best legal defense against <a dir=\"ltr\" lang=\"en-US\" href=\"https:\/\/www.monderlaw.com\/\/pratice-areas\/theft\/petty-theft\" target=\"_self\" rel=\"noopener noreferrer\" hreflang=\"en\">charges for petty theft<\/a>, grand theft and various other theft-related crimes, call him now so he can put his knowledge of the local judicial system at your disposal.<\/p>\n<h4>Contact San Diego Receiving Stolen Property Criminal Defense Attorney Vik Monder for a FREE\u00a0consultation today at:\u00a0619-405-0063<\/h4>\n","protected":false},"excerpt":{"rendered":"<p>Receiving Stolen Property\u00a0in San Diego What if another person was the one who\u00a0stole some property but you received it and are now in possession, can you be charged with a criminal offense in San Diego? Yes, a person who receives property known to be stolen and who now has possession or control over the stolen [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-401","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v26.1.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>San Diego Receiving Stolen Property Criminal Attorney | Monder Criminal Lawyer Group<\/title>\n<meta name=\"description\" content=\"If you have possession or control over stolen property, you can still be charged with a criminal offense, although you had no part in the stealing. 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Your best course of action: consult a San Diego criminal offense attorney right away.","og_url":"https:\/\/www.monderlaw.com\/theft\/receiving-stolen-property\/","og_site_name":"Monder Criminal Lawyer Group CA","article_modified_time":"2021-05-21T12:17:26+00:00","twitter_card":"summary_large_image","twitter_misc":{"Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.monderlaw.com\/theft\/receiving-stolen-property\/","url":"https:\/\/www.monderlaw.com\/theft\/receiving-stolen-property\/","name":"San Diego Receiving Stolen Property Criminal Attorney | Monder Criminal Lawyer Group","isPartOf":{"@id":"https:\/\/www.monderlaw.com\/#website"},"datePublished":"2020-06-15T10:33:27+00:00","dateModified":"2021-05-21T12:17:26+00:00","description":"If you have possession or control over stolen property, you can still be charged with a criminal offense, although you had no part in the stealing. 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