When is Receiving Stolen Property a Crime in California? (Penal Code 496)
Under California Penal Code Section 496(a), it is a crime to receive stolen property that you know to be stolen. Stolen property is any property obtained during the commission of a theft crime, including larceny, burglary, robbery, embezzlement, false pretenses or trick.
You may be thinking of an incident where after committing a burglary or robbery, the criminal returns home bearing gifts for his girlfriend or wife. However, California Penal Code Section 496(a) covers many other scenarios.
Here are some other examples of violating this crime:
- You buy an authentic Rolex watch from a street vendor for well below market value because it “fell off the truck.”
- You know that your girlfriend is involved in some fraudulent pyramid scheme and she deposits her “earnings” into a joint bank account.
- Your roommate wants to illegally download movies online, but he has no idea how to do it. You show him how.
Prosecution of Receiving Stolen Property (PC 496)
In order to be convicted of receiving stolen property under California Penal Code Section 496(a), the prosecution must show that:
- You bought, received, sold, aided in selling, concealed or withheld from its owner (OR aided another to do so) property that was stolen or obtained by extortion; AND
- At the time you bought, received, sold, concealed or withheld the property (OR aided another to do so), you knew that the property was stolen or obtained by extortion; AND
- You actually knew of the presence of the property
What Does It Mean to “Receive” Property?
“Receiving property” does not require that you take possession of the property. If you have control over the property or the right to control the stolen property even through another person, you have received stolen property for the purposes of PC 496(a). This is sometimes referred to as “constructive possession.” This is true even if you’ve never laid a hand on the stolen goods so long as you had control over them.
Receiving Property as a Gift
Whether you can be convicted of receiving stolen property depends on your knowledge that the property was stolen. Just because you were given a gift that ultimately turns out to be stolen, it does not mean you will automatically face charges for receiving stolen property. You must have known it was stolen property in order to be convicted of this crime.
Punishment for Receiving Stolen Property Crimes
In California, receiving stolen property is a wobbler offense, which means it can be charged as a misdemeanor or a felony depending on the value of the stolen property.
If the value of the stolen good(s) is $950 or less, you will be charged with a misdemeanor. If convicted, you could be sentenced up to 364 days in county jail and be ordered to pay a fine of up to $1,000.
If the value of the stolen good(s) is more than $950, you could be charged with a felony. If convicted of felony receiving stolen property, you could be sentenced to up to three years in jail and be ordered to pay a fine of up to $10,000.
Call the Criminal Defense Attorneys at Wallin & Klarich
If you or a loved one has been charged with receiving stolen property, you need to contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing receiving stolen property charges for over 40 years. Let us help you now.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
