WE CAN HELP
Receiving Stolen Property Lawyer Orange County
Receiving Stolen Property Orange County Penal Code 496First, let the top Receiving Stolen Property Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Receiving Stolen Property in Orange County is summarized below. However, the full text of the Receiving Stolen Property laws in Orange County can be found in California Penal Code Section 496. To prove that the defendant is guilty of Receiving Stolen Property, the Prosecutor must prove that:
- The defendant knowingly
- bought / received / sold / aided in selling / concealed or withheld from its owner / aided in concealing or withholding from its owner, and
- property that had been stolen by any type of theft, extortion, or by burglary or robbery.
Reducing a Receiving Stolen Property To A Lesser CrimeCircumstances may allow the Prosecutor to charge you with Misdemeanor Receiving Stolen Property, rather than Felony Receiving Stolen Property. These circumstances include that the value of the property is less than $950. Receiving Stolen Property Orange County may be able to show that your Felony Receiving Stolen Property charge should be reduced to a Misdemeanor Receiving Stolen Property charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. The Atias Law Firm aggressively challenges any valuation of the property. If we can convince the court that the property is valued at less than $950, your Receiving Stolen Property charges may be reduced to a Misdemeanor Receiving Stolen Property and you will avoid prison.
Will I Go To Jail?
Possibilities & Penalties for Receiving Stolen Property in Orange CountyReceiving Stolen Property is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Receiving Stolen Property is punishable by up to one year in county jail. Felony Receiving Stolen Property may result in a sentence ranging from 16 months to three years in prison, and a fine of up to $10,000. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.
Receiving Stolen Property Defenses in Orange County
Our felony lawyers in Orange County know the defenses that may help get your Receiving Stolen Property charge dismissed. There are a number of defenses to Receiving Stolen Property in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may have believed that you had a right to take the property. That is a defense in your case that may get your Receiving Stolen Property charge dismissed. If you did not know that the property was stolen then that is a defense to your case. One common defense is that you had did not know that you possessed the stolen property. If you found lost, mislaid, or abandoned property then that may be a defense to your Receiving Stolen Property charge in Orange County. It may be a defense that you acquired the property with the intent to return it to the owner or the police. It may be possible that you did not knowingly receive the property. Someone could have left the property in a place under your control, and if so then that is a defense. Also, if you did not even have possession or control of the property then that may be a defense to your charges of Receiving Stolen Property.,
Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you, then our attorneys may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Another defense may be that you do in fact own an interest in the property. Husbands and wives may have property disputes, however if the property taken is community property then there may be a defense in your case. Also, if you have been charged with multiple counts of Receiving Stolen Property, we may be able to get all of your charges consolidated into one charge, with one penalty.