California Penal Code Section 496 – Receiving Stolen Property
California Penal Code Section 496 outlines the serious offense of “receiving stolen property.” This statute deems it a crime to knowingly receive property that has been stolen or obtained through extortion.
Furthermore, this statute also prohibits aiding another person in concealing or withholding unlawfully obtained property. If you are found to have knowingly participated in such actions, you could face severe legal consequences.
Penal Code 496(a) receiving stolen property is typically changed along with other theft offenses such as burglary, embezzlement, grand theft, petty theft, robbery, or shoplifting.
It's important to note that there is no legal requirement that you took the property for personal gain; rather, a PC 496(a) crime occurs once you knowingly take control of stolen property.
A common example of receiving stolen property in Los Angeles County is when someone commits a burglary from a store, tells his friends how he obtained the merchandise, and asks them to hide it in their home until he can sell it.
In this example, the friend could be charged with receiving stolen property because they knowingly received and concealed stolen property.
If the property's value is $950 or less, it's a misdemeanor crime. If it's greater than $950, it's a “wobbler,” meaning the prosecutor has the discretion to file the case as either a misdemeanor or felony crime.
If you find yourself accused of receiving stolen property, you must seek immediate legal counsel. The experienced criminal defense lawyers at Cron, Israels & Stark can provide the guidance and support you need during this challenging time.
Definition of PC 496(a) Receiving Stolen Property in California
California Penal Code 496 provides a legal definition for receiving stolen property as follows:
(a) Anyone who buys or receives property that has been stolen or obtained by theft or extortion, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing the property from the owner, knowing it was stolen, will be punished up to one year in county jail, or imprisonment pursuant to subdivision (h) of Section 1170.
In order for the Los Angeles County prosecutor to convict you of receiving stolen property, they must be able to prove specific factors known as the “elements of the crime.” These critical factors under CALCRIM 1750 Jury Instructions include:
- You bought, sold, received, aided, withheld, or concealed property that was stolen
- You knew the property was stolen or obtained by extortion
- You knew of the presence of the property
It's important to note that " receiving” property simply means taking possession of or controlling it, but it doesn't always mean physical possession. Just having the right to control the stolen property would be considered possessing or receiving it.
It's also important to note in the elements of the crime that you can only be convicted of Penal Code 496(a) receiving stolen property if you knew the property had been stolen.
An experienced criminal defense lawyer frequently attacks this as it may be difficult to prove this important element of the crime beyond a reasonable doubt.
Finally, it should be noted that Penal Code 496 also includes specific categories for business owners who buy or receive stolen property.
For example, swap meet vendors, dealers of collectors or junk metals, books or literary material, and people who buy or receive vehicles, trailers, computers, and other electronic equipment.
What are the Penalties?
Penal Code 496, receiving stolen property, is a “wobbler” crime that can be charged as either a misdemeanor or felony. Typically, the prosecutor considers the facts and circumstances of the case and your criminal history to decide how to file.
If you are convicted of receiving stolen property as a misdemeanor, you will be facing up to one year in county jail and a fine.
If you are convicted of a felony, you will be facing a substantial three years in a California state prison and a hefty $10,000 fine. These penalties underscore the seriousness of the offense and the need for a strong legal defense.
If someone was injured due to your actions, you might face a civil lawsuit where the victim could be entitled to collect three times the amount of damages, along with attorney fees and other costs. This potential financial burden further highlights the need for a robust legal defense.
Related Offenses for Receiving Stolen Property
- California Penal Code Section 211 – Robbery
- California Penal Code Section 459 – Burglary
- California Penal Code Section 484(a) – Petty Theft
- California Penal Code Section 487 – Grand Theft
- California Penal Code Section 503 – Embezzlement
- California Penal Code Section 518 – Extortion
Legal Defenses for Penal Code 496
Our Los Angeles theft crime lawyers can use a wide range of legal defense strategies on your behalf against charges of receiving stolen property in violation of California Penal Code Section 496(a). Every case is unique and will first require a close examination of the facts and circumstances of your case. However, the most common defenses include the following:
You did not know the property was stolen—As stated above in the elements of the crime, one of the most critical factors that the prosecutor must prove is that you knew the property was actually stolen.
Perhaps our lawyers can cast some reasonable doubt or convince the prosecutor they will have difficulty proving you knew the property was stolen. The burden of proof in on the prosecutor, and we might be able to show it was reasonable you simply didn't know it was stolen property.
Accident defense: In some cases, we might be able to argue that you didn't know you were in possession of stolen property.
Perhaps the person who stole the property placed it in your home or vehicle without your knowledge. Perhaps someone was attempting to place you in a potential legal situation where you would get charged due to motives such as anger or revenge. If we can show you unknowingly received stolen property, you have a good chance of avoiding a conviction.
Contact our Criminal Defense Law Firm for Help
If you have been accused of receiving stolen property, you could be facing harsh legal consequences.
Early intervention by our criminal defense attorneys can have a significant impact on the outcome of your case. The sooner you seek legal advice, the better your chances of a favorable resolution. Negotiation with the prosecutor may be possible, but it's crucial to act quickly.
Our lawyers have decades of combined experience and will work aggressively for the best possible outcome. We serve clients throughout Southern California from our office located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact us at 424-372-3112 to review the details of your case and legal options.
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