California Penal Code 530.5(e) PC
PC 530.5e – Mail Theft
Mail Theft – Table of Contents
- PC 530.5e Overview
- PC 530.5e Penalties
- PC 530.5e Prosecuting
- PC 530.5e Potential Defenses
- Mail Theft – Hire Us
Postal Theft – Penal Code 530.5e
Along with the possibility of being charged with a Federal Crime, stealing mail is a state crime under California PC 530.5e mail theft.
Most items in your mailbox contain valuable information about you, including: name, address, numbers, financial documents, cards, checks, and more. If the mail of one person falls into the hands of another, this information could be used in a variety of fraud-related offenses.
Penal Code 530.5e mail theft is associated with the crime of identity theft in California Penal Code 530.5e mail theft, since it’s believed that stealing mail is an attempt to obtain someone else’s personal identification. They are often charged together.
Penalties for California Penal Code 530.5e Mail Theft
Mail theft under California Penal Code Section 530.5e is a misdemeanor offense that is punishable by:
- Up to 1 year in county jail
- $1,000 in fines
In addition, this offense could be charged by Federal prosecutors. If convicted in Federal Court, the penalties would be significantly more extensive.
What The State Has to Prove
In order to prove a defendant is guilty under California Penal Code Section 530.5e mail theft, the prosecution must prove the following elements:
- That you stole or took mail from a mail box, other depository for mail, from a letter carrier, a post delivery vehicle, or from the post office;
- That you used fraud or deception to obtain or attempt to obtain mail from one of these sources;
- That you removed the contents of stolen mail with malicious intent;
- That you destroyed or hid stolen mail; or
- That you bought, received or unlawfully possessed stolen mail, knowing that it was stolen.
As this offense deals with the United States Postal Service and interstate commerce, the defendant could be prosecuted for California Penal Code 530.5e mail theft in Federal Court.
Potential Defenses for California Penal Code 530.5e
It was an accident
Sometimes you may find mail or receive mail that you thought was yours but it belonged to someone else, and you inadvertently took it into your possession. In this instance, you may have a sound accidental defense.
Lack of malicious intent
If you took the mail, or found the mail with the intent on delivering it to the rightful owner, or returning it to the postal service, there is no criminal liability. The case lacks the element of intent with malice.
There are multiple ways to defend a case involving California Penal Code 530.5e mail theft, but each case requires knowledge of the details. It’s best to consult an expert criminal defense lawyer regarding your case. 310-274-6529
We Want to Help
If you or a loved one is facing Penal Code 530.5e PC “Mail Theft”, “Identity Theft”, or any other fraud related charges, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office located in Century City, or by phone.
Our experienced and assiduous Los Angeles Criminal Defense Attorneys will be sure to fight until the end to reduce or drop your charges completely.
Call Us for a FREE Case Review: 310-274-6529
How to Win Your Case
We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:
- Don’t ever talk to the police
- Do not discuss your case with anyone
- Everything you tell your lawyer is confidential
- Tell police you need to contact your attorney
- Never consent to any search by the police
- If the police knock on your door, don't answer!
- Realize the consequences of a criminal conviction
- Your lawyer (not you) will contact any witnesses
- Information on your cell phone is evidence
- Early Intervention is the key