Orange County & Los Angeles
Receiving Stolen Property Defense Attorney
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The Short Answer
Receiving stolen property under Penal Code 496 is a wobbler, and the element that decides almost every case is knowledge: the prosecution must prove you actually knew the property was stolen. People who bought something secondhand, borrowed a friend's item, or were simply in possession of something with a history they never knew often have a complete defense. Since Prop 47, most cases involving property worth $950 or less must be charged as a misdemeanor.
Receiving stolen property is a charge that catches a lot of innocent people: the buyer of a cheap phone from an online marketplace, the friend who borrowed a tool, the person whose roommate's belongings turned out to be stolen. The law punishes knowingly buying, receiving, concealing, or withholding stolen property, and that word knowingly is where these cases are won and lost.
Farris Law Firm defends PC 496 cases across Orange County and Los Angeles, and we focus relentlessly on the knowledge element, because the prosecution frequently cannot prove it.
How PC 496 Is Charged
Receiving stolen property (PC 496(a))
Buying, receiving, concealing, or withholding property you knew was stolen. A wobbler after Prop 47, tied to the $950 value line.
Receiving a stolen vehicle (PC 496d)
Applies specifically to stolen cars, and is charged alongside or instead of auto theft.
Knowledge, the central element
Actual knowledge that the property was stolen. Prosecutors rely on circumstantial inferences that are often beatable.
Possession vs. receiving
Merely possessing an item is not the same as knowingly receiving stolen goods, a distinction that matters.
Penalties for Receiving Stolen Property
Prop 47 pushed most low-value cases to misdemeanors. Higher-value property and priors raise the exposure.
| Charge | Level | Exposure |
|---|---|---|
| Value $950 or less | Misdemeanor | Up to 1 year county jail (usually less with no priors) |
| Value over $950 | Wobbler | Up to 1 year jail, or 16 months to 3 years as a felony |
| Receiving a stolen vehicle (496d) | Wobbler | Up to 1 year jail, or 16 months to 3 years |
| Restitution | Common | Repayment to the property owner as a condition of resolution |
Defenses That Win These Cases
Knowledge is everything, and it is hard to prove:
- No knowledge the property was stolen: the complete defense in most honest-buyer cases
- Innocent possession: holding an item without knowing its history is not a crime
- Intent to return the property to its owner
- You were the actual thief (you cannot be convicted of both stealing and receiving the same item, which can matter strategically)
- Prop 47 reclassification to a misdemeanor for property worth $950 or less
- Suppression of unlawful searches that produced the property
Frequently Asked Questions
I bought it secondhand and had no idea it was stolen. Is that a defense?
It is often a complete defense. PC 496 requires that you actually knew the property was stolen. An honest buyer who paid a fair price through a normal channel lacks that knowledge, and the prosecution's circumstantial case on that point is frequently beatable.
How can they prove I knew it was stolen?
They usually cannot prove it directly, so they argue from circumstances: a too-low price, altered serial numbers, or a suspicious source. Every one of those inferences can be challenged with the real story of how you got the item, which is the core of the defense.
Is receiving stolen property a felony?
It is a wobbler. Since Prop 47, cases involving property worth $950 or less must generally be charged as misdemeanors. Higher values and certain priors allow felony filing, and reducing the charge level is a common defense goal.
Can I be charged with this and theft for the same property?
Generally you cannot be convicted of both stealing and receiving the exact same property. Which theory the prosecution pursues can create strategic openings, and we use that structure to your advantage.
Charged or under investigation? Talk to a defense attorney tonight.
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