In California, one can be charged with receiving stolen property as either a felony or a misdemeanor. Typically, the decision to charge someone with a felony or misdemeanor will depend on the prior record of the defendant as well as the value of the item received as stolen. If the item is over $400 in value, the DA will typically charge receiving stolen property as a felony; if it is under $400 it is typically a misdemeanor.

To prove a person guilty of receiving stolen property, the DA must prove that the defendant received, bought, sold, concealed, or helped in selling property that had been stolen or obtained by extortion. They must further prove that when the defendant received the stolen property that he or she knew that the property was stolen or obtained by extortion.

Receiving property means taking control and possession of it. Mere presence near or access to the property is not enough and two or more people can possess the property at the same time. Also, a person can possess something without actually holding or touching the item. It is enough if the person has control over it, either personally or through another person.

In the case of receiving stolen property, the lawyer is often the only thing standing between the defendant and the penitentiary. Though receiving stolen property is a general intent crime, one element of the offense is knowledge that the property was stolen, a specific mental state. With regard to the element of knowledge, receiving stolen property is a "specific intent crime" as that term is used in Penal Code sections 22(b). Accordingly, a good defense attorney can exploit this weakness in the government's case. It is difficult to prove specific intent in receiving stolen property cases, absent a confession by the defendant. This difficulty of proof must be tested to its limits by a good defense attorney. Mr. Bruno is that attorney.

Don't go down without a fight. If you have been accused of receiving stolen property, contact the Orange County, Los Angeles and San Diego criminal defense firm of The Law Offices of Keith J. Bruno. We offer a free face-to-face consultation and can work out a payment plan in most situations.

The Newport Beach, Orange County, California, law offices of Keith J. Bruno represents Californians who have been accused, charged, or arrested for criminal offenses in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.