Receiving Stolen Property–California Penal Code 496

What do the prosecutors need to prove in order to convict me of Receiving Stolen Property?

In essence, the prosecutors must prove that you:

1-      Bought, received, sold or concealed from the owner property that had already been stolen.

2-      And that you knew it was stolen at the time. ^[1]

Definitions

It doesn’t matter how the property was “stolen.” Its theft could have been by commercial burglary, residential burglary, robbery, grand theft, petty theft, forgery, fraud or any other method. [2]

You can only be convicted of “Receiving Stolen Property” if you had actual possession or control of it. It is not enough to have access to it or be near it. On the other hand, a court could find that you “possessed” something even if did not actually hold it in your hand.  For example, if an item is sitting in your lap or in your jacket pocket, you are in possession of it.  As long as you had control of the item or a right to control the item, whether personally or through another person, that is enough.[3]

How do I fight a Receiving Stolen Property charge?

Fighting your case is a collaboration between you and your lawyer. Start collecting witnesses, receipts, dates, and times to collaborate your story. Not only do the prosecutors need to prove that you knew the item to be stolen, they must also prove your intention was unlawful. So if you find a huge stack of $100 bills laying outside a bank that you know had just been robbed 30 seconds earlier, and you pick up the money, can you be convicted of Receiving Stolen Property?  Not if the reason why you picked it up was to turn it in to the police.  If, on the other hand, you ran off with the money, then you might be facing charges of Receiving Stolen Property.

What is the sentence for Receiving Stolen Property?

The crime of Receiving Stolen Property is a “wobbler”, which means it can be charged either as a felony or as a misdemeanor.  If filed as a felony, you could be facing a prison sentence of anywhere from 16 months , 2 years or even up to 3 years.[4]  However, even though you would be sentenced to prison, you would not actually go to prison.  Instead, you would serve your prison sentence in the local county jail.[5]  If the stolen property is valued at less than $950, the prosecutor may lower the charges to a misdemeanor. [6]

If you are charged with Receiving Stolen Property as a misdemeanor, the maximum sentence you would face is imprisonment in the local county jail for no more than one year.