Receiving Stolen Property Overview- Penal Code 496 PC
What is Receiving Stolen Property in California?
Under Penal Code 496 a PC, it is illegal to acquire or to take possession of property that you know has been stolen. If you are found guilty, the punishment can be severe . For this reason it is important to quickly hire an experienced law firm to protect you. Receiving stolen property cases usually arise in the context where you purchase a new or used good from someone and it turns out the property was unlawfully taken from its true owner. If you knew or should have known that the property was stolen at the time you acquired it, you can be convicted of this offense. In order to convict you of receiving stolen property, the prosecution must prove the following:
- You (bought/received/sold/aided in selling/concealed or withheld from its owner/aided in concealing or withholding from its owner) property that has been stolen or obtained by extortion AND
- When you (bought/received/sold/aided in selling/concealed or withheld from its owner/aided in concealing or withholding from its owner) you knew or reasonably should have known that the property had been stolen or obtained by extortion AND
- You actually knew of the presence of the property
Defenses to Receiving Stolen Property Charges
Where there is not a magic bullet to get off of receiving stolen property charges, there are a number of defenses that a skilled defense lawyer at Wallin & Klarich can raise on your behalf. These include:
- You did not know nor had reason to know the property was stolen
- Innocent intent
- Lack of possession
- Claim of right
- Voluntary intoxication or mental disease
Be sure to consult a defense attorney at Wallin & Klarich to learn more.
Receiving stolen property sentencing and punishment
The sentencing and punishment for a receiving stolen property conviction is determined by whether the offense is charged as a misdemeanor or felony. If the value of the stolen property does not exceed $950, the offense will likely be charged as a misdemeanor punishable by up to a year in county jail and a maximum fine of $1,000. If the value of the property is greater than $950, the offense may be charged as a felony punishable by 16 months, 2 or 3 years in county jail and a maximum fine of $10,000.
If you are a commercial vendor or business owner engaged in the sale of personal property, you face slightly different consequences if convicted of receiving stolen property.
Receiving Stolen Property FAQ’s
To help you understand the various aspects of a receiving stolen property charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:
- How can the prosecution prove that I knew the property was stolen?
- Can I be convicted of both theft and receiving stolen property for the same item?
- How can an attorney help if I am facing felony charges for receiving stolen property?
Where Can I Find the Most Experienced Defense Lawyers in California?
If you are confronted with accusations of receiving stolen property, it is essential that you contact an experienced defense lawyer who is familiar with such cases.
With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks., there is an experienced Wallin & Klarich criminal defense available near you no matter where you work or live.
Call us for a free phone consultation at (877) 466-5245. We will be there when you call.