California Penal Code Section 496(a) – Receiving Stolen Property
California Penal Code 496 PC defines the crime of receiving stolen property as buying, receiving, concealing, selling, or withholding any property you know to have been obtained through theft or extortion. Receiving stolen property is a wobbler, meaning it can be either a misdemeanor or a felony.
With over twenty-five years of experience in handling stolen property cases, I've come to understand the factors that determine whether a case will be charged as a felony or a misdemeanor. The value of the property and the individual's criminal record are among the key considerations for the prosecutor and judge.
So, when it comes to receiving stolen property, I guess the first thing is whether it is charged as a felony or a misdemeanor. Are the consequences for a felony much harsher than for a misdemeanor?
Many theft offenses focus on the perpetrator who actually takes or steals someone's property. As noted, Penal Code 496 PC makes it a crime to knowingly receive stolen property. To convict, a prosecutor must prove that:
- You bought, received, sold, or aided in selling, concealed, or withheld property that had been stolen from another, and
- When you did so, you knew that the goods had been stolen or obtained by extortion.
Evidence In A Receiving Stolen Property Case
One of the biggest things in receiving stolen property cases in LA County and throughout California is whether the person who has the property knew or reasonably should have known under the circumstances that the property was stolen.
This is only sometimes easy to prove. Sometimes, people get property through various means and have yet to learn it's stolen.
Therefore, they've got an argument – whether it was stolen or not, I got the property, I paid for it, I traded for it, and there's nothing on the property indicative of it being stolen – so how would I know?
Unless somebody admits that they have property and knows that it's stolen, or unless there's some other factor that makes it clear that it's stolen property.
For example, somebody gets a vehicle, and the ignition is punched out. There's a screwdriver in there to start it – that might be an idea that somebody stole it because they broke in and had to use a screwdriver to create it, and now you're taking possession of it – at that point, maybe you reasonably should know this is stolen property.
Short of something like that scenario, it becomes he said/she said as to whether or not somebody reasonably knows that property is stolen.
If the case goes to a jury trial, the jury will have to look at all the evidence and circumstances and determine whether a reasonable person knows or reasonably should know that this property was stolen. They will also look at the events.
These possessions of stolen property under Penal Code §496 cases hinge upon circumstantial evidence—meaning a chain of evidence the prosecutors will have to put together—that once you look at it all, you're going to have to conclude, yeah, they should have known this property was stolen.
What Are the Defenses?
There are several potential defenses in a receiving stolen property case. The most common and effective defense is the lack of knowledge about the stolen nature of the property. Another defense could be that the property was not stolen in the first place.
Who says the property is stolen? What proof do you have that it is stolen? I've had cases like that all the time, and we've been able to argue that there's no proof the property has been stolen.
Sometimes, somebody gives permission to another person to take a car or some other property, and then they get mad at that person and suddenly try to revoke the consent. So, it becomes a battle as to whether the property is stolen or the person permitted him to take the property back.
Just because they revoke permission doesn't necessarily mean that suddenly, it becomes stolen property for purposes of Penal Code §496.
So, the bottom line is when it comes to the receipt of stolen property, these are challenging cases to prove, and sometimes, people need to have the property in their possession. It could be in a vehicle, but others could have put it there. There are all sorts of different arguments.
That's why we have you come in and sit down, and we go over everything under the cloak of the attorney-client privilege. I encourage you to be honest.
Please give me all the facts. Don't put a spin on it, and then I can get down to the nitty-gritty about whether the prosecutors are going to be able to prove this case and whether it needs to go to a jury trial or whether it needs to be negotiated and mitigated down to something less.
How Are Possession Of Stolen Property Cases Handled?
Fortunately, today, with the passage of Proposition 47 in California and a total shift related to theft-related offenses—mainly centered around the Governor of California saying, "Listen, we're not putting any more people in prison who are stealing stuff."
We're not putting more people in prison who are using drugs. We're putting people in jail who are committing violent felonies. So, that shift has caused the police not to arrest as many people for receiving stolen property, and the prosecutors have even had to take a less harsh position on these receiving stolen property cases.
I've had cases where people had to plead to a felony for receiving stolen property. I can now get down to a misdemeanor just because of the change and political climate related to theft cases and accepting stolen property cases expressly.
So, you have a fighting chance if you have a receiving stolen property case in LA County.
You have to get an attorney who knows the history, who's handled these types of cases before, and knows what it takes to get the result, knows what it takes to put a mitigation package together for the prosecutors and the judge and show that you're not a wrong person.
With the right legal representation, you can set the stage for a positive resolution. Your attorney can demonstrate your character and circumstances to the prosecutors and the judge, potentially leading to a misdemeanor charge.
This approach can help preserve your record and expedite your exit from the criminal justice system. So, take the first step towards a positive resolution by making the call to get your case moving in the right direction.
What are Some Strategies?
Sometimes, a person is unaware that the property they are receiving is stolen. If you are facing charges of receiving stolen property, we at the Hedding Law Firm can understand what happened and whether you are guilty of the alleged crime.
A person is found guilty of the crime of receiving stolen property if that person buys or possesses property that has been stolen.
The prosecution must prove three elements of the crime beyond a reasonable doubt to establish that a defendant is guilty:
- That the defendant knowingly received.
- That the property was stolen.
- The defendant either knew that the property had been stolen or believed that it had probably been stolen at the time he received the property
A misdemeanor conviction for property valued at under $400 is punishable by paying a fine and spending up to one year in county jail. The penalty can also be increased if the defendant has prior theft convictions.
A felony conviction for receiving stolen property or aiding a thief could result in a sentence of up to three years in state or county jail. The prison term is based on the severity of the crime, the value of the stolen property, and the defendant's prior criminal record.
If you have been charged with this theft crime, call our receiving stolen property Lawyers so that we can get on your case. We have the skill and expertise to help you with your stolen property charge and fight for you.
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