Receiving STOLEN PROPERTY

Definition of Receiving Stolen Property

Under California Penal Code 496, the charge of Receiving Stolen Property encompasses a variety of situations outlined below

To buy, receive, conceal, withhold, sell; or aid in doing any of these acts,
Another’s property,
That has been stolen,
Knowing that it has been stolen

This offense is a wobbler, meaning it can be charged as a misdemeanor or felony depending on the value of the property. If the value is $950 or less it will be charged as a misdemeanor; if it is over that amount it may be charged as a felony.

Business Owners

The requirements for business owners are slightly different regarding the requirement of knowing the item was stolen. For people whose primary business is dealing in or collecting goods property, this element can be met is they should have known that the goods were stolen or failed to inquire whether they were stolen.

What legally constitutes Possession?

In California possession is defined very loosely by law, which can make these cases difficult to defend. Possession can be proved if the facts support that you had the power to possess the item, even if you were not physically in possession of it at the time. This is discussed in detail below, as this is a complicated subject. Possession may be actual, or constructive.

Actual Possession

Actual Possession means the person has physical possession of the item. For example:

Holding the item
Item is on their person or in their clothing or bag
In the case of a car, you are physically in the car

Constructive Possession

Constructive Possession means you do not physically possess the item, but have power or dominion over the physical space where the item is. For example:

The item is in your general vicinity
The item is in your home or car
In the case of car, being near the car or having the keys are contributing factors to this

Potential Punishments for Receiving Stolen Property:

Potential punishments for a conviction for this charge range as follows:

Felony:

Up to 3 years in prison
- or more depending on enhancements, history, or value of stolen property
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim

*For felonies, the sentence can be increased starting from 1 year if the value is 50,000 or or more; going up to 4 years for a value over 3,000,000 and one more year for each additional 3,000,000.

Misdemeanor:

Up to 1 years in jail
Fines of $0-$1,000 and Restitution
Probation
A Restraining Order with the alleged victim

WHAT CAN YOU DO ABOUT A CHARGE FOR Receiving SOTLEN PROPERTY?

What should I do if I am accused of Receiving Stolen Property?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Receiving Stolen Property?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, especially when you are facing a felony. Read more about what to do if you have been arrested here, or charged with a crime here.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.