Under California Penal Code section 496, it is illegal to possess stolen property. This means that if you have in your possession property that you know or should have known was stolen, you can be charged with a crime.
In order to be convicted of possession of stolen property, the prosecution must prove that you knew or should have known that the property was stolen, and that you intended to keep it for yourself or to sell it. This means that if you took possession of the property without knowing that it was stolen, or if you intended to return it to the rightful owner, you may have a defense to the charge.
There are several potential defenses to a charge of possession of stolen property. One defense is that you did not know the property was stolen. For example, if you purchased the property from someone else and had no reason to believe it was stolen, you might be able to argue that you did not know the property was stolen.
Another defense is that you intended to return the property to the rightful owner. If you took possession of the property with the intent of finding the rightful owner and returning it to them, you might be able to argue that you did not intend to keep the property for yourself or sell it.
A third defense is that you were coerced into possessing the stolen property. If someone threatened you or forced you to take possession of the stolen property, you might be able to argue that you were not acting of your own free will.
If you are convicted of possession of stolen property, the potential penalties depend on the value of the property and your criminal history. In general, possession of stolen property is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony, depending on the circumstances.
If charged as a misdemeanor, you could face up to one year in county jail. If charged as a felony, you could face 16 months, two years, or three years in state prison. In addition, you could be fined up to $10,000 and be required to pay restitution to the victim.
It is important to note that there are enhanced penalties for certain types of possession of stolen property. For example, if you possess stolen property with the intent to sell it, you could face additional prison time. Similarly, if you possess stolen property that is valued at over $950, you could face enhanced penalties.
If you have been charged with possession of stolen property, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and advise you of your rights and options. An attorney can also help you build a strong defense and negotiate a favorable plea bargain, if appropriate. In some cases, it may be possible to have the charges against you dismissed or reduced, or to obtain a not guilty verdict at trial.