Misappropriation of lost property is a serious criminal offense in California under Penal Code 485 PC. This crime takes place when an individual discovers lost property that has clues identifying the rightful owner, but instead of making reasonable efforts to return it, keeps it for personal use or gives it to another person not entitled to it. The charge can be either a misdemeanor or a felony, and a conviction can result in up to three years of imprisonment.

The language in 485 PC states that “one who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.” To illustrate, suppose you discover a lost wallet with its owner’s ID and credit cards. You decide to keep it for yourself, without making any effort to contact the owner or report the loss to the authorities. In such a scenario, you could be charged with misappropriation of lost property.

If you are facing a misappropriation charge, it is critical to understand the possible defenses available to you. Some effective defenses include the “no intent to keep” defense, the “reasonable efforts to find the owner” defense, and the “rightful owner of the property” defense. The first defense is relevant if you did not intend to keep the lost property but were merely holding it until you found the rightful owner. The second defense applies if you made reasonable efforts to locate the owner but could not find them. The third defense applies if you were the rightful owner of the lost property.

If convicted of misappropriation, the penalties you may face depend on the value of the lost property that you kept. If the property’s value was $950 or less, you may be charged with petty theft, punishable by up to six months in county jail and a maximum fine of $1,000. If the value was greater than $950, you may face a grand theft charge, which can be a misdemeanor or a felony. A misdemeanor conviction can result in up to one year in county jail, while a felony conviction can lead to up to three years in jail.

It is important to note that a conviction under 485 PC may also impact your right to own or possess a firearm. In California, convicted felons are not allowed to possess firearms, and a misappropriation charge that results in a felony conviction can lead to the loss of your gun rights.

At Spodek Law Group, we have extensive experience handling criminal defense cases involving misappropriation of lost property. Our attorneys can guide you through the legal process, explain your options, and provide aggressive representation in court. Contact us today for a free and confidential consultation, and let us help you protect your rights and freedom.

Misappropriation of lost property is a serious offense that can have significant consequences. It is essential to have a competent and experienced criminal defense attorney on your side who can guide you through the legal process and ensure your rights are protected.

At Spodek Law Group, we are dedicated to helping clients facing misappropriation charges. Our attorneys have extensive knowledge of California criminal law and are committed to providing aggressive representation in court. We understand the stress and anxiety that comes with facing criminal charges, and we work tirelessly to ensure the best possible outcome for our clients.

In addition to misappropriation, there are other related offenses that can result in criminal charges, such as petty theft, receiving stolen property, and shoplifting. If you have been charged with any of these offenses, it is crucial to seek legal counsel immediately. The right attorney can help you understand your options and craft a defense strategy that fits your unique circumstances.

At Spodek Law Group, we pride ourselves on providing personalized attention and customized legal solutions for each of our clients. We know that every case is unique and requires a tailored approach, which is why we take the time to get to know our clients and understand their needs.

If you need a criminal defense attorney to represent you in a misappropriation or related case, contact us today for a free and confidential consultation. Our experienced attorneys can help you navigate the legal process and protect your rights, ensuring the best possible outcome for your case.