Understanding California Penal Code Section 496 – Receiving Stolen Property

What is Receiving Stolen Property in California?

California Penal Code Section 496 defines the crime of receiving stolen property as when a person buys, receives, conceals, sells, or withholds any property that has been stolen or obtained through theft or extortion, with knowledge that the property was stolen or unlawfully obtained. This law also applies to individuals who aid in these activities.

Key Elements for Proving Guilt Under Penal Code 496

To secure a conviction, the prosecution must establish the following elements:

1. The defendant purchased, received, sold, concealed, or withheld stolen property.
2. The defendant knew the property was stolen or obtained by extortion when they engaged in these activities.

Penalties for Receiving Stolen Property in California

Penalties for receiving stolen property depend on the value of the property and other factors:

• Property valued at less than $950: This is typically charged as a misdemeanor, punishable by up to one year in county jail.
• Property valued at more than $950: This can be charged as either a misdemeanor or a felony ("wobbler" offense). If charged as a felony, it can result in 16 months, two years, or three years in county jail.

However, if the district attorney or grand jury believes that justice is better served by reducing the charge, they may file it as a misdemeanor even if the property exceeds $950.

Civil Penalties for Receiving Stolen Property

In addition to criminal penalties, the law allows a person harmed by this crime to seek civil damages. Under California law, victims may pursue compensation of three times the actual damages, along with attorney's fees and court costs.

Retailers and Receiving Stolen Property Charges

Retailers and businesses are also subject to receiving stolen property laws. A swap meet vendor or a business that deals primarily in buying merchandise can be charged if they buy or receive goods valued at more than $950 without making a reasonable inquiry into whether the seller had the legal right to sell or deliver the property.

Defending Against Receiving Stolen Property Charges

Several defense strategies can be employed to fight a receiving stolen property charge:

• Lack of Knowledge: One of the most effective defenses is proving that the defendant did not know the property was stolen. Without this key element, the charge cannot stand.
• Mistaken Identity or False Accusation: The defense can argue that the defendant was wrongfully accused or did not engage in the alleged criminal activity.
• Insufficient Evidence: The prosecution must provide clear evidence that the defendant knew the property was stolen. Challenging the sufficiency of this evidence is crucial in these cases.

Why You Need an Experienced Criminal Defense Lawyer

Charges of receiving stolen property can have serious consequences, including jail time, fines, and a lasting criminal record. Given these risks, it is critical to have skilled legal representation. At Martens Law Firm, our experienced attorneys know the complexities of California criminal law and are prepared to build a strong defense for you.

Get Legal Help Immediately

If you are under investigation or have been arrested for receiving stolen property in Visalia, Bakersfield, or the surrounding areas, contact Martens Law Firm right away. Early intervention by an experienced criminal defense attorney can make a significant difference in the outcome of your case.

Contact Martens Law Firm Today Protect your legal rights by calling Martens Law Firm at (559) 372-0942 or (661) 336-9335 for a consultation.