California Receiving Stolen Property Defense

Receiving Stolen Property Sentencing & Punishment – California Penal Code Section 496

Receiving stolen property is considered a “wobbler.” This means that the prosecution has the discretion to charge the crime of receiving stolen property as a felony or a misdemeanor. If the value of the property in question does not exceed nine hundred fifty dollars ($950), the prosecution may decide in the interests of justice to charge the offense as a misdemeanor.

Felony Conviction:
A felony conviction is punishable by imprisonment in county jail for 16 months, two or three years. This is the result of recent changes to California’s sentencing laws that now require certain felony convictions to be served out in county jail rather than in state prison.

Misdemeanor Conviction:
A misdemeanor conviction is punishable by imprisonment in county jail for up to one year.

Swap Meet Vendors and Businesses
Under California Penal Code Section 496(b), swap meet vendors, defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950), shall be punished by imprisonment in county jail for up to three years if charged as a felony.

Both employers and employees can be charged for receiving stolen property. A charge may also arise in situations where an employer accuses an employee of receiving stolen property.

Any vendor or agent of that vendor found guilty of receiving stolen property that is not in excess of nine hundred fifty dollars ($950), shall be guilty of a misdemeanor and punished by imprisonment in county jail for up to six months.

Enhancement for Receiving a Motor Vehicle – California Penal Code Section 496d
The penalties for receiving stolen property will increase if the property in question is a car, boat, or any other motor vehicle.

Along with the imprisonment penalties listed above, the penalties can also include a fine. A felony conviction is punishable by a fine of up to ten thousand dollars ($10,000). A misdemeanor conviction is punishable by a fine of up to one thousand dollars ($1,000).

Civil Penalties
Under California Penal Code Section 496(c), a person who has been injured by a defendant who received the person’s stolen property may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and
reasonable attorney’s fees.