Appropriation of Lost Property with Knowledge or Means of Inquiry as to the True Owner Overview: California Penal Code Section 485; 489; 490

As defined in California Penal Code Section 485, it is a crime for an individual who finds lost property under a circumstance which gives him/her knowledge or means of knowing who the true owner is, yet decides to keep the property or gives it to someone else who is not entitled to the property without first making a reasonable or just effort to find the owner and restore the property to the rightful owner.

A person may be convicted for theft under P.C. 485, if the prosecution can prove that the accused found an item under a circumstance where they would have knowledge of who the rightful owner is or means of inquiry of finding who the owner is; also that the defendant did not make a reasonable or just effort in finding the rightful owner, and by doing so they kept the item for themselves or gave it to someone else who was not the rightful owner.

An example to better illustrate California Penal Code Section 485 is as follows:

An individual walking through a hotel lobby stops and sees a watch lying on the floor. That same individual picks up the watch and thinks to themselves “finders keepers” and puts the item in their bag and walks away. A few days later police officers approach the individual and ask the whereabouts of the watch. Even though the individual returns the watch and explains that he/she found it, they may be charged with theft. The prosecution can argue that it would have been reasonable for the individual to take the watch to the front desk of the hotel and ask if anyone had reported that they had lost a similar watch.

If convicted of California Penal Code Section 485, an individual may face misdemeanor or felony charges depending on the value of the item. If the item has a value exceeding $950, an individual can be convicted of grand theft. Grand theft is considered a “wobbler,” which means the prosecution may charge the defendant with a felony or a misdemeanor. If convicted of felony grand theft, a defendant may face up to three years in state prison. If convicted of a misdemeanor a defendant may face up to one year in jail, up to one thousand dollar fines, or both. If the value of the item does not exceed $950, an individual can be convicted of petty theft which is considered a misdemeanor.

If you or a loved one has been charged with theft, it is very important that you seek the assistance of an experienced criminal defense attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters, including theft cases.  Our knowledgeable attorneys will aggressively defend your rights and fight to get you the best possible result.  Call us today at (888) 749-0034.  We will be there when you call.