California Penal Code 496 PC – Receiving Stolen Property
California Penal Code 496 PC makes it a crime to knowingly buy, receive, conceal, sell, or withhold property that has been stolen. This offense is commonly referred to as receiving stolen property.
Under California law, you do not need to be the person who originally stole the property to be charged with a crime.
Simply possessing or selling property that you know—or reasonably should know—was stolen can result in criminal charges.
Receiving stolen property is typically charged as a wobbler offense, meaning prosecutors can file the case as either a misdemeanor or a felony depending on the value of the property, the circumstances of the offense, and the defendant's criminal history.
A conviction can result in jail or prison time, fines, probation, and restitution to the victim. Your best chance for a positive outcome in a theft case is to work with a seasoned California criminal defense attorney at Esfandi Law Group.
We're here to help—feel free to call us for a free consultation at (310) 274-6529 or reach out via our contact page.
What Is Receiving Stolen Property Under Penal Code 496?
Receiving stolen property occurs when someone knowingly obtains or possesses property that was unlawfully taken from another person.
The law applies to a wide range of activities, including:
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Buying stolen property
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Possessing stolen goods
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Selling stolen items
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Concealing stolen property
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Helping someone else hide stolen property
Even if you did not personally commit the theft, you can still be charged if prosecutors believe you knew the property was stolen when you received it.
Circumstantial evidence is crucial in criminal cases and often serves as the main proof of guilt.
Elements of the Crime
To convict someone of receiving stolen property under Penal Code 496 PC, prosecutors must prove several elements beyond a reasonable doubt.
The Property Was Stolen
The property involved must have been unlawfully taken from its rightful owner.
The Defendant Received or Possessed the Property
The prosecution must show that the defendant bought, received, concealed, sold, or withheld the stolen property.
The Defendant Knew the Property Was Stolen
One of the most important elements of this crime is knowledge. Prosecutors must prove that the defendant knew or reasonably should have known the property was stolen.
The Property Had Some Value
The stolen property must have had some value, even if minimal.
Penalties for Penal Code 496 PC
Receiving stolen property is usually a wobbler offense.
Misdemeanor Penalties
If charged as a misdemeanor, penalties may include:
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Up to one year in county jail
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A fine of up to $1,000
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Summary probation
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Restitution to the victim
Felony Penalties
If charged as a felony, possible penalties include:
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16 months, two years, or three years in state prison
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Fines up to $10,000
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Formal probation in some cases
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Restitution to the victim
However, if the value of the stolen property is $950 or less, the offense is usually charged as a misdemeanor unless the defendant has certain prior convictions.
California Penal Code 1001.36, mental health diversion, allows eligible defendants facing misdemeanor or felony charges to receive mental health treatment instead of traditional criminal prosecution.
Prosecutors often use conspiracy charges to target multiple defendants they believe conspired to commit a crime together—even when the alleged offense was never completed.
Retail loss prevention and law enforcement aim to prosecute organized theft rings under California Penal Code § 490.4 PC.
Related California Crimes
Several California theft-related offenses are closely connected to receiving stolen property charges.
Petty Theft – Penal Code 484 PC
Petty theft occurs when someone unlawfully takes property valued at $950 or less. It is typically charged as a misdemeanor.
Under California Penal Code § 488 PC, petty theft is defined as the unlawful taking of someone else's property valued at $950 or less.
Grand Theft – Penal Code 487 PC
Grand theft involves stealing property valued at more than $950, or certain types of property such as vehicles or firearms, regardless of value.
According to California Penal Code § 496d PC, it is a crime to buy, receive, conceal, sell, or withhold a motor vehicle, trailer, special construction equipment, or motorized vessel if you know it is stolen, known as "receiving a stolen vehicle."
Burglary – Penal Code 459 PC
Burglary occurs when someone enters a building, structure, or locked vehicle with the intent to commit theft or another felony.
Grand Theft Auto – Penal Code 487(d)(1) PC
Grand theft auto involves unlawfully taking someone else's vehicle with the intent to permanently deprive the owner of it.
Grand Theft Firearm – Penal Code 487(d)(2) PC
This offense involves stealing a firearm. Under California law, firearm theft qualifies as grand theft regardless of the weapon's value.
Common Defenses to Receiving Stolen Property Charges
A defense attorney may challenge Penal Code 496 charges using several legal defenses depending on the facts of the case.
Lack of Knowledge
If the defendant did not know—and had no reason to believe—that the property was stolen, they cannot be convicted under this statute.
The Property Was Not Actually Stolen
If prosecutors cannot prove the property was stolen in the first place, the charge may fail.
Illegal Search and Seizure
If law enforcement obtained the evidence through an unlawful search or seizure, the defense may request that the evidence be suppressed.
False Accusations
Sometimes people are wrongly accused of possessing stolen property due to misunderstandings, disputes, or mistaken identity.
Frequently Asked Questions
What is California Penal Code 496 PC?
Penal Code 496 PC is the law that makes it illegal to knowingly buy, receive, possess, or sell stolen property.
Can you be charged even if you did not steal the property?
Yes. You can still be charged if you knowingly possess or sell property that someone else stole.
Is receiving stolen property a felony?
Receiving stolen property is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances.
What determines whether it is a felony?
Factors may include the value of the property, the defendant's criminal history, and whether the case involves other related crimes.
What is the jail sentence for receiving stolen property?
A misdemeanor conviction can result in up to one year in county jail, while a felony conviction may result in 16 months, two years, or three years in state prison.
Can receiving stolen property charges be reduced?
Yes. Depending on the evidence, prosecutors may reduce the charge to a misdemeanor or pursue alternative resolutions.
Criminal Defense for Penal Code 496 PC Charges
Being charged with receiving stolen property can carry serious consequences, especially if the offense is filed as a felony.
However, prosecutors must prove that the property was stolen and that the defendant knew it was stolen.
An experienced criminal defense attorney can review the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.
If you are facing charges under California Penal Code 496 PC, consulting with a California criminal defense lawyer as soon as possible can help protect your rights and improve your chances of a favorable outcome.
Esfandi Law Group is ready to assist you. Book your free consultation by calling (310) 274-6529 or using the contact form provided.