What to do if I received a misdemeanor for “accepting stolen property” because I purchased a cell phone from someone but had no clue that it was reported stolen?

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What to do if I received a misdemeanor for “accepting stolen property” because I purchased a cell phone from someone but had no clue that it was reported stolen?

I had no prior knowledge of it being stolen and no face these charges.

Asked on February 17, 2014 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to be convicted of receiving stolen property in California, the prosecutor must prove that (1) the property was stolen (2) that you received the property and (3) that you knew the property was stolen.

The prosecutor must prove all three of these elements beyond a reasonable doubt to obtain a conviction.

You should assert the defense that you had no knowledge that the property was stolen.  Present all facts showing that you had no knowledge the property was stolen.


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