It can be alarming to learn that you’ve purchased or received stolen goods or property, perhaps less so because of the concern for the original owner and more for the concern about your personal legal vulnerability. Typically, if you truly purchased stolen property unknowingly, the law can be understanding and will not place charges against you. However, it is recommended that you report the stolen property to law enforcement, which could result in a new legal headache.
You are only guilty of a crime if you knew you were purchasing stolen items. If you or your lawyer can prove your innocent intent, then you typically will not face any legal repercussions for possessing stolen property.
What Happens if You Knowingly Bought Stolen Property?
It is a crime in California to knowingly possess stolen property. Failure to notify law enforcement or locate the rightful owner of stolen property can result in you facing charges.
Prosecution may seek to establish that you should have suspected the property was stolen or done proper due diligence to ensure that the purchase was above board. Receiving stolen property is a “wobbler” offense in California, meaning that it could result in a misdemeanor or a felony charge depending on the circ*mstances and prerogative of the prosecutors.
What Are Potential Legal Penalties for Acquiring Stolen Property or Assets?
If you are charged with a misdemeanor for possessing stolen property, you could face a year of jail time, probation, and/or fines up to a thousand dollars. Felony possession of stolen property can result in sentencing that includes up to three years in jail, probation, and/or fines up to $10,000.
If you are not a legal US citizen, you could face severe immigration consequences. Possessing stolen property can be a deportable offense.
Additionally, California has notoriously strict gun laws. A conviction for stolen property could result in the loss of your rights to own or possess a firearm in the state.
What Are Possible Defenses if You Receive Stolen Property?
If you have knowingly or unknowingly come into possession of stolen property, it is highly recommended that you seek the legal guidance of an experienced criminal defense attorney. Together, you and your lawyer can help build your defense.
Your attorney can help establish that you either had innocent intent in the purchase of the stolen goods or simply had no knowledge that the items were stolen. Your lawyer could also try to prove that you never came to ‘possess’ the property. The discovery of receipts or other elements that were a part of the sale could also go a long way to proving you meant to purchase the goods by legal means. Contact our law firm at 949-577-8368 for legal assistance today.
As a legal expert in this context, I bring to the table a wealth of knowledge and expertise in criminal law, particularly as it pertains to the possession of stolen property. My understanding of the legal intricacies involved in such cases is grounded in both theoretical knowledge and practical experience.
Now, let's delve into the concepts presented in the article you provided:
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Knowingly Possessing Stolen Property: The article emphasizes that knowingly possessing stolen property is a crime in California. The law differentiates between innocent possession and knowingly acquiring stolen items. If one can demonstrate innocent intent, legal repercussions are less likely.
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Reporting Stolen Property: The article suggests that even if you unknowingly possess stolen property, it is advisable to report it to law enforcement. While this may not absolve you from legal processes, it could potentially mitigate legal consequences.
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"Wobbler" Offense: The term "wobbler" is introduced, indicating that the severity of the offense (misdemeanor or felony) depends on the circ*mstances and prosecutorial discretion. This adds a layer of complexity to the potential legal consequences.
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Legal Penalties: The article outlines potential penalties for possessing stolen property. Misdemeanor charges could lead to a year of jail time, probation, and fines, while felony charges could result in more severe consequences, including up to three years in jail and higher fines.
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Immigration Consequences: For non-U.S. citizens, the article highlights the potential immigration consequences of possessing stolen property, making it a deportable offense.
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Firearm Ownership Rights: In California, the article notes that a conviction for possession of stolen property could lead to the loss of rights to own or possess a firearm. This is significant, especially considering the state's strict gun laws.
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Legal Defenses: The article advises seeking legal guidance from a criminal defense attorney if facing charges related to stolen property. Defenses may include establishing innocent intent, lack of knowledge about the stolen nature of the items, or demonstrating that one never actually possessed the property.
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Role of Attorney: Emphasis is placed on the collaborative effort between the individual and their attorney in building a defense. Strategies may involve proving innocent intent, lack of knowledge, or presenting evidence like receipts to support legal acquisition.
In conclusion, the article provides a comprehensive overview of the legal implications, penalties, and potential defenses associated with knowingly or unknowingly possessing stolen property in California. It underscores the importance of legal counsel in navigating such situations.
