technology has become one of our main means of sending and receiving information. But that doesn’t mean there’s no place for traditional mail delivery and the United States Postal Service (USPS). And with the huge increase in online shopping in recent months due to the pandemic, more and more people are being visited daily by delivery people who drop off parcels, bags, and other packages.
Letters and other mail delivered to your mailbox may contain a wide variety of important personally identifiable information. If this information falls into the wrong hands, it could put someone at risk for identity theft and other crimes. While it may seem silly to impose such serious consequences for a mail theft conviction, it is considered a very serious crime, making it illegal in both the state of California and under federal law.
Stealing mail not addressed to you could result in misdemeanor and felony charges that could land you with heavy fines and jail time if convicted. If you are facing mail theft charges in California, your first step should be to contact a criminal defense attorney who is familiar with state laws related to mail theft, as well as fraud, petty theft, grand theft, and criminal laws. receipt of stolen property.
How is mail theft defined under the law?
The definition of mail theft is provided in Section 1708 of Title 18 of the United States Code. the law stipulates that certain criteria must be met for it to be considered mail theft. Mail theft occurs when an individual:
- remove mail (defined as a letter, postcard, package, valise, or correspondence) from a mailbox, mail carrier, post office, or other mail receptacle
- participate in fraud or other deception means taking mail from the sources listed above
- removing items or documents from a stolen mail
- destroying the mail
- hiding the mail
- knowingly purchases or possesses stolen mail
California penal code 530.5(e) makes mail theft a public offense that is considered a misdemeanor and is punishable by a fine of up to $1,000 and jail time in county jail for up to 1 year, or fines and jail time.
is mail theft fraud?
When someone steals mail, it’s usually not because they’re nosy. In most cases, mail is stolen to obtain personally identifiable information, such as bank information, account numbers, and social security numbers. Identity theft can wreak havoc on someone’s life, ruining their credit and creating repercussions that can be felt for years to come.
Criminals often use fraudulent methods to obtain mail. this means that they knowingly tricked an entity, such as a business or mail carrier, into delivering mail or packages to their hands. If a person has received mail with the intent to steal the victim’s identity, he does not have to be successful to continue to be convicted of mail theft. however, if they used deceptive tactics to get the mail in the first place, the person will likely face a number of charges other than mail theft, including fraud.
Possible defenses to a mail theft charge
If you have been charged with mail theft in the state of California, there are some strong potential defenses that your criminal defense attorney can present on your behalf. on the one hand, he can claim that he did not intend to steal the mail. for example, he may indicate that it was an accident or that the mail was inadvertently delivered to his home and he opened it without reading the address label.
another possible defense is that you did, in fact, open the mail, but did not have criminal intent. For example, a college acceptance letter for your grandson has arrived in the mail, and you open the mail because you wanted to tell him the good news yourself.
Whether you are facing California state charges or federal mail theft charges, it is a charge that should be taken seriously. misdemeanors and felonies can have serious ramifications on your personal, professional, and financial situation. and they can remain on your record permanently, affecting your future.
If you are facing mail theft charges in California, contact criminal defense attorney Joni Eisenstein. joni eisenstein will work with you personally to understand the facts of her case and competently provide the best possible defense for her situation. contact the law firm of joni eisenstein for your free consultation with our experienced, reputable, and highly rated san diego criminal defense attorney.