California Penal Code Section 496(a) PC: Receiving Stolen Property

Receiving stolen property is a serious criminal offense under California law. California Penal Code Section 496(a) PC makes it illegal to buy, receive, conceal, sell, or withhold property that you know has been stolen. This article will explain what constitutes receiving stolen property, the penalties you may face, and possible defenses.

What is Receiving Stolen Property?

To be convicted under Penal Code 496(a) PC, the prosecution must prove:

• You bought, received, concealed, sold, or withheld property that was stolen
• When you did so, you knew the property was stolen

This crime applies to all kinds of stolen property – money, cars, jewelry, electronics, etc. The property value does not matter. Receiving a stolen stick of gum is just as illegal as receiving stolen cash or a car.

You can be charged with receiving stolen property even if you were not involved in the actual theft. For example, if you knowingly buy a stolen TV from someone, you are committing a crime even though you did not steal the TV yourself.

Penalties for Receiving Stolen Property

Receiving stolen property can be filed as either a misdemeanor or felony, depending on the circumstances. The potential penalties include:

• Misdemeanor – Up to 1 year in county jail, a fine up to $1,000, or both
• Felony – 16 months, 2 years, or 3 years in state prison, a fine up to $10,000, or both

Factors that determine whether the prosecutor charges a misdemeanor or felony include:

• Your criminal history
• The value of the stolen property
• The circumstances involved

For example, receiving a stolen $900 TV would likely be a misdemeanor. But receiving $2,500 worth of stolen jewelry would probably be a felony.

Legal Defenses

If you are charged with receiving stolen property, possible legal defenses include:

• You did not actually receive, buy or conceal the property
• You did not know the property was stolen
• You were unlawfully entrapped

If any of these defenses apply in your case, an experienced criminal defense lawyer can help argue them on your behalf to fight the charges.

Related Offenses

In addition to the general receiving stolen property law, the California Penal Code includes other related crimes:

• Receiving a Stolen Vehicle (PC 496d) – Receiving or concealing a stolen motor vehicle, trailer, or vessel is a separate wobbler offense.
• Receiving Stolen Property from a Minor (PC 496a) – Buying or receiving property from a minor that you know is stolen can lead to misdemeanor charges.
• Swap Meet Vendors Receiving Stolen Property (PC 496c) – Vendors who buy stolen property for resale can face misdemeanor or felony charges depending on the circumstances.

Civil Liability

In addition to potential criminal charges, receiving stolen property may also expose you to civil liability. Under California law, the rightful owner of stolen property can file a civil lawsuit against the person who received their property. If they prevail, you may have to pay:

• 3 times the actual damages
• The owner’s attorneys fees
• Court costs

For example, if you bought a stolen laptop worth $2,000, you could be ordered to pay the owner $6,000 in damages plus their lawyer fees and court costs.

Defending Against Charges

Facing charges for receiving stolen property can have devastating consequences on your life and future. The crime can lead to substantial fines, years behind bars, and lasting damage to your reputation.

If you have been accused of receiving stolen property in violation of Penal Code 496(a) PC, it is critical to retain an experienced California criminal defense attorney immediately. An attorney can help by:

• Conducting an independent investigation of the allegations
• Negotiating with the prosecution for reduced charges or punishment
• Challenging any illegal police conduct such as unlawful searches
• Asserting legal defenses on your behalf
• Taking your case to trial if necessary

With an aggressive legal defense, many people accused of receiving stolen property are able to avoid convictions and minimize the penalties. Do not delay in seeking experienced legal help.

For a free consultation about your case, contact a knowledgeable criminal defense lawyer near you today.