How to Beat a Possession of Stolen Property Charge
This article will teach you how to beat a possession of stolen property charge.
You can face charges for owning a stolen property. This offense differs from straightforward theft, burglary, robbery or shoplifting due to the fact that it does not essentially mean that the individual who is in custody of the property basically stole the property.
This offence suggests that the defendant was aware that the property was stolen the time it was purchased.
Whereas stealing another person’s property without their explicit consent is prohibited by numerous laws, The California Penal Code Section 496(a) deems it unlawful to purchase, accept, sell, conceal, or keep a property you are fully aware that is stolen.
California law stipulates that having stolen property in your custody is a “wobbler” crime. This indicates that it may be a crime or a minor criminal act, based on the worth of the property, the particulars of your specific issue and your criminal record.
Despite the fact that having stolen property remains illegal, it is not as severe as other forms of theft depending on the circumstances.
If you were innocently found with stolen property, you won’t be subject to any criminal accusations.
It’s possible that you were unaware that the property had been stolen and you’ve been accused unfairly, or you might have merely collected the property from your pal for some time till they came back to get them.
Regardless of the reason, it is feasible to mount a defense in such a case. With the aid of a lawyer, you can examine all of the available solutions in an effort to spare you a severe punishment.
Three years in prison is the jail term but with knowledgeable legal counsel, you might be cleared or let go.
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What is a Stolen Property?
A stolen property is a property acquired through theft, through robbery, through stealing, through burglary; it is simply something that has been illegitimately seized from its true owner.
What makes up a Stolen Property?
In order to find a person guilty of charges of theft, an accuser must establish each of these distinct constitutional requirements without a shadow of a doubt:
- You bought, obtained, sold, hid or kept onto stolen property that belonged to another person.
- You are fully aware that the property had been stolen the moment you acquired it.
- You know that you had the property – for instance, no one sneakily slipped it into your wallet or bag.
One of the biggest prevalent justifications in issues involving stolen property is naivete.
Nevertheless, occasionally, the situation that led to the acquisition may prompt a lawyer or jury to form an opinion that you knew about the questionable legal standing of the property, even though no one specifically told you.
For instance, if you purchased a smartphone from a person at a bar’s parking space, it makes sense to think the deal may not have been legal.
How to Beat a Possession of Stolen Property Charge
There are numerous ways to respond to these accusations, and unlawful defendants shouldn’t presume that they will unquestionably be found guilty.
Let’s discuss a few ways to beat a possession of stolen property charge:
First, it is obvious that the property were stolen. This implies that the prosecution must demonstrate that they were stolen with the purpose of eternally denying the true owner of the property ownership.
This phase is more difficult than it appears, particularly if the criminal was never found guilty of the offense.
If there is a plausible argument that the properties weren’t stolen, then you cannot be found guilty.
Second, the law mandates that you are aware that the properties were stolen. You could purchase something at a flea market, without being aware if the vendor is the real owner.
You are not obliged by law to check the authenticity of a property before purchasing or acquiring them.
Nevertheless, if you encouraged someone to commit a theft and covered it up, then it will be simpler for you to be found guilty.
You can possibly have reason to believe that a property was stolen. If a ring is inscribed with another person’s name, then you have a good reason to be wary.
Lastly, the prosecutor may be overestimating the value of the property. If their value is under $1,000, we are able to have felony charges downgraded to misdemeanors.
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What Should I Do if I’m Accused of Acquiring Stolen Property?
The first step is to avoid speaking with the cops. For instance, you could admit that you suspected the property was stolen the time you purchased or acquired them.
This confession certainly won’t be sufficient to convict you on its own, given that you cannot be sure that the property were stolen. However, the confession does you no good, in any way.
Second, attempt to retrace the events surrounding the purchase or receipt of the properties. What did the vendor tell you? Had you any reason to believe the properties were stolen? What did you spend? Did you make a fair purchase?
Proper Research for Entrepreneurs
If your source of income is purchasing, selling old property and swapping them, there could be harsher accountability laws regarding the theft of property that apply to you more than a regular person.
For example, California Business and Professions Code Section 21628 demands entrepreneurs, such as pawnbrokers, owners of thrift stores and antique sellers to follow tight reporting standards. If they don’t, they may be charged with an offense.
Not reporting thorough logs of all the goods your store obtains incorporating details and serial numbers on the required forms could put you in danger of charges for stolen property.
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Ownership of Stolen Property (Laws)
The laws regarding this specific offense typically focus on what the properties were worth, their source of purchase, from whom they were purchased, and whether they can be delivered back to the rightful owner.
If all the property can still be delivered back to the owner, the punishment would not be too harsh.
Nevertheless, if a significant quantity of property was stolen and was later discovered in your custody, you could face felony charges if you can’t deliver back those property to the rightful owner.
Although it’s crucial to keep in mind that the individual accused of such an offense will need to be aware that it was stolen, certain attorneys will contend that you ought to be aware that the property were stolen by looking into the matter more.
If it is finally concluded that the property are stolen, you could still face an ownership of stolen property charge.
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Penalties For Possessing Stolen Property
The following are some of the Penalties of possessing a stolen property:
Fines
The fines for acquiring stolen property vary significantly from state to state. They can cost anywhere from a few hundred dollars to many thousands.
The greater the worth of the stolen property you acquired, the larger the fine will be. In certain states, the magistrates may enforce a double or triple fine of how much money the accused made from the offense.
Confinement
Similar to fines, the duration of a prison term for obtaining stolen property is based on the property’s worth.
The severity of the sentences varies, from just some days in jail to many years in state prison. Your sentence could be lengthened if you have previous offenses for acquiring stolen property or committing other crime.
Restitution
Along with any fine, someone found guilty of acquiring stolen property regularly has to make amends.
Restitution is the funds you give to the rightful owners of the stolen property to make up for the loss they suffered.
Probation
You can potentially receive probation from the court. An offender may choose to spend all or part of their sentence in the neighborhood while on probation.
When given a probationary period, you must abide by the court’s unique regulations and conditions like routinely visiting a probation officer, holding onto a job, avoiding committing additional offenses.
If you disregard these regulations, you can be required to complete the initial jail or prison term.
Consider Getting Legal Advice
If you are accused of owning stolen property, it would be better for you to quickly see a professional lawyer who is an expert in criminal defense.
An expert criminal defense lawyer can provide you with lawful, effective, and reasonable advice regarding your issue.
Conclusion
We strongly believe that this article on “how to beat a possession of stolen property charge” has explained to you possible ways you can beat possession of stolen property charge.
Please for no reason should you purchase any property that you know was stolen. If you attempt such, you could be endangering yourself.
