California Receiving Stolen Property Defense

Receiving Stolen Property Overview – California Penal Code Section 496

Under California Penal Code 496, it is illegal to receive stolen property. The crime of receiving stolen property is committed when a person buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, and the person knows the property to be stolen.

The crime can also be committed when a person conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner with the knowledge that the property is stolen.

Receiving stolen property in California is considered a “wobbler.” This means that the prosecution has discretion to charge the crime as a felony or a misdemeanor. A felony conviction is punishable by imprisonment in county jail for up to three years. A misdemeanor conviction is punishable by imprisonment in county jail for up to one year. Along with the criminal penalties, there may also be civil penalties.

Businesses must also be aware of receiving stolen property. Under California Penal Code Section 496(b), swap meet vendors and every person whose business is dealing in, collecting, merchandise or personal property can be liable for purchasing or receiving stolen property for their business. Along with the owner of the business, receiving stolen property applies to the employees as well. Receiving stolen property is even applicable to someone who is not the company owner. A conviction for receiving stolen property under the section is punishable by imprisonment in state prison for up to three years.

There are a number of defenses available to a person who is accused of receiving stolen property. A few examples are being intoxicated at the time of receiving the stolen property, unknowingly receiving the stolen property, or receiving the stolen property with only the intention of returning it to the rightful owner.

If you or a loved one is accused of receiving stolen property, it is critical that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys will provide you with the quality representation you deserve. We will aggressively fight to defend your rights and inform you on how to get out of receiving stolen property charges. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.