Receiving Stolen Property in California – Penal Code 496
Receiving stolen property is a serious theft-related offense in California that can result in imprisonment, substantial fines, and a permanent criminal record.
California Penal Code 496 PC makes it illegal to knowingly receive, conceal, sell, or withhold property that has been stolen or obtained through extortion.
Many people are surprised to learn that you need not steal the property yourself to be charged under this law.
Simply taking control of stolen property—knowing it was stolen—can be enough for arrest and prosecution.
Our criminal defense attorneys defend against charges involving the receipt of stolen property throughout Los Angeles and across Southern California.
Cron, Israels & Stark is here to help. Schedule your consultation at (424) 372-3112 or contact us here.
What Is Receiving Stolen Property Under Penal Code 496?
Under California Penal Code 496(a), a person commits the crime of receiving stolen property if they:
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Buy or receive property that was stolen or obtained by extortion
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Conceal, sell, withhold, or help hide stolen property
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Know the property was stolen at the time they received or controlled it
There is no requirement that the defendant personally benefited from the property. Control or possession—combined with knowledge—is enough.
Common Example of a PC 496 Charge
A common scenario involves a theft or burglary in which stolen items are hidden at a friend's home. If that friend knew the property was stolen and agreed to store or conceal it, they can be charged with receiving stolen property—even if they never entered the store or stole anything themselves.
Legal Definition of Penal Code 496(a)
Penal Code 496(a) defines receiving stolen property as knowingly buying, receiving, concealing, selling, or withholding property that was stolen or obtained by theft or extortion.
To secure a conviction, prosecutors must prove specific elements of the crime beyond a reasonable doubt.
What Must the Prosecutor Prove?
Under CALCRIM 1750, the prosecution must establish that:
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The property was stolen or obtained by extortion
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You bought, received, concealed, sold, or withheld the property
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You knew the property was stolen
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You knew of the property's presence
Knowledge is the most critical element.
If prosecutors cannot prove you knew the property was stolen, the case may fail.
What Does “Receiving” Mean?
“Receiving” does not always mean physical possession. A person may be guilty of receiving stolen property if they:
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Had physical custody of the item
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Had the right to control the stolen property
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Directed someone else to hold or conceal it
Even temporary control can satisfy this element if knowledge is proven.
Business Owners and Special Categories
Penal Code 496 also applies to certain business activities, including:
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Swap meet vendors
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Dealers of collectibles, scrap metal, or electronics
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Buyers or sellers of vehicles, trailers, or computers
These cases often involve enhanced scrutiny and documentation requirements.
Is Receiving Stolen Property a Felony or a Misdemeanor?
Receiving stolen property is a wobbler offense, meaning it may be charged as either a misdemeanor or a felony.
Misdemeanor Penalties
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Up to 1 year in county jail
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Fines and probation
Felony Penalties
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Up to 3 years in California state prison
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Fines of up to $10,000
The filing decision typically depends on:
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The value of the property
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The circumstances of the offense
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Your criminal history
Civil Liability for Receiving Stolen Property
In addition to criminal penalties, a conviction under Penal Code 496 may expose you to civil liability. Victims may sue for:
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Triple the value of the stolen property
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Attorney's fees
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Court costs
This can significantly increase the financial consequences of a conviction.
Related Offenses to Penal Code 496
Receiving stolen property charges are often filed alongside or instead of other theft crimes, including:
- BPC 21628 - Failure to Report by Pawnbroker
California Penal Code 490.4 pertains to organized retail theft, a crime involving coordinated efforts to steal merchandise from retail stores for resale or profit. It aims to target theft rings, repeat offenders, and those collaborating to execute large-scale retail theft schemes.
California Penal Code 475 prohibits possessing specific counterfeit financial documents or forged items with the intent to deceive a person, business, or financial institution.
Common Defenses to Receiving Stolen Property Charges
Every case is unique, but common defense strategies include:
Lack of Knowledge
You cannot be convicted if you did not know the property was stolen. We may be able to create reasonable doubt about what you knew at the time.
Accident or Unknowing Possession
The property may have been placed in your home or vehicle without your knowledge.
Insufficient Evidence
The prosecution must prove all elements beyond a reasonable doubt. Weak or circumstantial evidence can be challenged.
False Accusation
Some cases involve accusations arising from anger, revenge, or misunderstanding.
Can Penal Code 496 Charges Be Reduced or Dismissed?
Yes. With early legal intervention, defense counsel may be able to:
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Prevent felony filing
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Reduce charges to a misdemeanor
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Negotiate probation instead of custody
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Obtain a dismissal due to lack of proof or knowledge
Early action is often critical in cases involving stolen property.
Speak With a California Receiving Stolen Property Defense Lawyer
Receiving stolen property charges can have serious criminal and financial consequences, even when you did not commit the original theft. If you are under investigation or charged under Penal Code 496, you should consult a criminal defense attorney immediately.
Our Los Angeles-based law firm represents clients throughout Southern California and offers free consultations to discuss your case and defense options.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or use the contact form here.