A receiving stolen property charge can carry serious consequences, including jail exposure, probation, fines, and a criminal record that may affect employment and future opportunities. In California, a person can face this charge not only for buying or receiving stolen property, but also for concealing it, selling it, withholding it from the owner, or helping someone else do so—if the person knew the property was stolen or wrongfully obtained.
At the Law Office of H. Charles Gorian, we understand that these cases often turn on what the accused actually knew, whether the property was truly stolen, and whether the prosecution can prove possession or control. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is Receiving Stolen Property Under California Law?
California Penal Code section 496(a) makes it a crime for a person to buy or receive property that has been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained.
The statute also applies to a person who conceals, sells, withholds, or aids in concealing, selling, or withholding such property from the owner, again with the required knowledge. That means the prosecution generally must prove more than mere possession of property.
In many cases, the central issue is whether the defendant actually knew the property was stolen or unlawfully obtained at the time he or she received, possessed, concealed, or sold it.
The Judicial Council’s criminal jury instructions likewise treat knowledge as a required element. California law also provides that a person may not be convicted both of stealing property and of receiving the same property.
Is Receiving Stolen Property a Misdemeanor or a Felony?
Receiving stolen property may be punished as either a misdemeanor or a felony-level offense. Under Penal Code section 496(a), the offense is punishable by:
- up to one year in county jail, or
- imprisonment pursuant to Penal Code section 1170(h).
Because the punishment can vary, the exact facts of the case—including the type of property, the surrounding circumstances, and the person’s record—can matter a great deal in how the case is charged and resolved.
Common Defenses to Receiving Stolen Property Charges
Every case depends on the facts. Possible defenses may include:
- lack of knowledge — the defendant did not know the property was stolen
- lack of possession or control — the defendant never actually received or controlled the property
- innocent intent — the defendant intended to return the property to its owner or turn it over to law enforcement
- false accusation or mistaken identity
- insufficient evidence that the property was stolen or obtained through theft or extortion
- unlawful search or seizure, depending on how the evidence was obtained
Because knowledge is such a central part of the offense, many receiving-stolen-property cases turn on circumstances, statements, conduct, and the prosecution’s attempt to infer what the defendant knew.
Speak with a Receiving Stolen Property Defense Attorney
If you have been charged with receiving stolen property, it is important to seek legal advice as early as possible. A careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today or fill out our form for a free and confidential consultation.