Receiving Stolen Property
Los Angeles theft crimes usually refers to the actual taking of property. However, the crime of receiving stolen property in violation of Penal Code Section 496 PC centers on the acceptance of someone else’s property without their permission. The reason is that in many cases law enforcement will not be able to prove who actually stole the item. Instead, concentrating on who is in actual or constructive possession is more simple and direct.
The property can be taken by a person committing any of the following theft related crimes:
- In a petty theft in violation of Penal Code Section 484 if the item is worth $400 or less,
- In a grand theft if the item was worth in excess of $400 in violation of Penal Code Section 487,
- In a second degree burglary of a commercial building in violation of Penal Code Section 459,
- In a first degree burglary of a inhabited residence in violation of Penal Code Section 459,
- In a robbery of another person in violation of Penal Code Section 211,
- In an embezzlement of a person’s property in violation of Penal Code Section 487(a) or Penal Code Section 504
If you have been accused of receiving stolen property, then contact Theft Crimes Defense Attorney Michael Kraut. Mr. Kraut is a former prosecutor and used to train law enforcement and prosecutors on search and seizure law and criminal procedure. He knows how defend against theses charges and has an outstanding 99% success rate at jury trial. Contact Mr. Kraut at the Kraut Law Group for a free consultation on your receiving stolen property case at (323) 464–6453.
Elements of the offense of receiving stolen property in violation of Penal Code 496 PC: The Penal Code makes it illegal to sell, buy, receive, conceal from the owner or withhold property that belongs to another person if the suspect knows the property to be stolen. A person can be charged with both theft of an item, and receiving a stolen item. However, under the principles of Penal Code Section 654 a person can only be punished once for any item. The suspect can be either punished for the theft, or for receiving the item, but not two times for the same item of property.
The law is clear; a person may not be punished for accidentally or inadvertently gaining property. The charge targets someone for knowingly getting the property after a theft. This means that if a person accepts property from a person that stole an item, then they can be charged with this section and faces sever punishment.
If a person is arrested or investigated for receiving stolen property in Los Angeles, the prosecution must still prove their case. It is critical if you are under investigation for this charge that you contact a Los Angeles Criminal Defense Attorney who has extensive experience in defending you against these charges. Hiring an attorney early can prove that the police did not conduct a thorough investigation or that the evidence points to an innocent reason that you have someone else’s property.
In order for the prosecution to prove that you committed this crime, they must show that you actually received or accepted someone else’s property, that you knew the property was stolen, and that it was actually stolen at the time you accepted the item. Additionally, the person who has the item must have intended to permanently deprive the true and rightful owner of the property. This is usually shown through circumstantial evidence such as if the person hides the item, put their name on it or changes it in some fashion so as to conceal the item from the police or the true owner.
This is because the crime is a ‘specific intent’ crime. That is the person receiving the property must have ‘knowledge’ of the stolen nature of the item.
If you or a loved one has been investigated or arrested for receiving stolen property in Los Angeles then contact a Los Angeles theft crimes defense attorney for a free consultation. As a former theft crimes prosecutor, Michael Kraut has the relationships and knowledge to aggressively defend you from these charges. Call the Kraut Law Group at 323 464–6453.