Receiving Stolen Property (Penal Code § 496) in California

Receiving stolen property might seem like a minor offense compared to theft itself, but California law treats it as a serious crime with significant penalties. Many people face these charges without fully grasping what they entail or the potential consequences.

In California, Penal Code § 496 specifically addresses the crime of receiving stolen property – making it illegal to buy, receive, conceal, sell, or withhold property that you know was stolen or obtained through theft or extortion.

What Does Penal Code § 496 Consider “Receiving Stolen Property”?

Under California Penal Code § 496, receiving stolen property occurs when:

• You buy, receive, conceal, sell, or withhold property, or help someone else do so
• The property was obtained through theft or extortion
• You knew the property was stolen when you received it

The term “receive” doesn’t just mean physically taking possession. You can “receive” property by simply having control over it or the right to control it, even if you never touch it. For example, allowing someone to store stolen items in your garage makes you a receiver of stolen property if you knew the items were stolen.

Multiple people can “possess” the same stolen property simultaneously. For instance, roommates may jointly possess stolen items kept in common areas of their home if they all know about the items.

Misdemeanor vs. Felony Charges

Receiving stolen property is typically charged as a misdemeanor when:

• The property is worth $950 or less
• You have no prior convictions for certain offenses

It becomes a “wobbler” (can be charged as either a misdemeanor or felony) when:

• The property is worth more than $950
• You’re required to register as a sex offender
• You have prior convictions for serious or violent felonies

The prosecutor’s decision to charge a wobbler as a misdemeanor or felony typically depends on:

• Your criminal history
• The circumstances of the case
• The value of the property involved
• Whether violence was involved

Knowing where your case falls on this spectrum helps you better prepare your defense strategy.

Penalties for Receiving Stolen Property

The potential consequences range from probation to years in custody.

For misdemeanor convictions:

• Up to one year in county jail
• A fine of up to $1,000
• Possible probation

For felony convictions:

• 16 months, 2 years, or 3 years in “local prison” (county jail)
• A fine of up to $10,000
• Possible formal probation

Additional sentencing enhancements apply in cases involving property worth more than $50,000:

• Property worth $50,000-$200,000: additional 1 year
• Property worth $200,000-$1,000,000: additional 2 years
• Property worth $1,000,000-$3,000,000: additional 3 years
• Property worth more than $3,000,000: additional 4 years (plus 1 year for each additional $3,000,000)

Beyond criminal penalties, Penal Code § 496(c) allows victims to sue for civil damages – potentially three times the value of the stolen property plus attorney’s fees and costs.

Legal Defenses Against Receiving Stolen Property Charges

Several proven defense strategies can effectively counter these allegations.

No Knowledge of the Stolen Property

The most common defense is a lack of knowledge. If you didn’t know the property was stolen when you received it, you can’t be convicted. For example, if you bought an item at a garage sale without any reason to believe it was stolen, you lack the required knowledge element.

Innocent Intent

Under the “innocent intent” defense, you aren’t guilty if you received the property with the intent to:

• Return it to its rightful owner
• Turn it over to law enforcement

This defense only works if you had this intent from the moment you received the property and didn’t later change your mind.

Never Received the Property

If prosecutors can’t prove you ever possessed or controlled the stolen property, they can’t establish a crucial element of the crime.

Accidental Receipt

If you came into possession of stolen property by accident or without your knowledge (for example, if someone planted stolen items in your home or car), you lack the required intent for a conviction.

The right defense strategy depends entirely on the specific facts of your case.

Double Jeopardy Protection

An important legal principle affects how these cases are charged.

You cannot be convicted of both stealing property and receiving the same stolen property.

This means if you’re the person who actually stole the items, you can be convicted of either theft or receiving stolen property, but not both. This double jeopardy protection prevents being punished twice for essentially the same criminal act.

This protection can significantly impact how your case proceeds through the legal system.

Related Offenses

Several charges frequently appear alongside receiving stolen property cases.

Theft (Penal Code § 484/487/488)

Theft involves unlawfully taking someone else’s property. Petty theft (property worth $950 or less) is a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine. Grand theft (property worth more than $950) can be charged as either a misdemeanor or a felony.

Extortion (Penal Code § 518)

Extortion occurs when you use force or fear to obtain property or money from another person. It’s typically a felony punishable by up to 4 years in prison.

Receiving a Stolen Vehicle (Penal Code § 496d)

This specific statute addresses receiving stolen motor vehicles, trailers, or vessels. The penalties are similar to receiving stolen property charges.

FAQs About Receiving Stolen Property

Can I be charged with receiving stolen property if I didn’t know the items were stolen?

No. Knowledge that the property was stolen is an essential element of the crime. Without this knowledge, you cannot be convicted.

What if I bought something that seemed suspicious but didn’t confirm it was stolen?

For most people, you must actually know the property was stolen. However, if you’re in the business of buying and selling merchandise (like a pawn shop owner), you can be convicted if you should have made a reasonable inquiry about whether the seller had the right to sell the items.

Can I be charged if I only had the stolen property briefly?

Yes. There’s no minimum time requirement for possession. Even brief possession of property you know is stolen can lead to charges.

If I return the stolen property, will charges be dropped?

Not necessarily. While returning property may help during negotiations with prosecutors, it doesn’t eliminate the crime that already occurred. However, it may demonstrate good faith and potentially lead to reduced charges.

Can I be charged with receiving stolen property if I wasn’t the person who stole it?

Yes. Receiving stolen property is specifically designed to punish those who didn’t commit the original theft but knowingly received, concealed, or sold the stolen items afterward.

Get Help With Receiving Stolen Property Charges

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.