Receiving Stolen Property Charges (Penal Code § 496) in California

Under Penal Code § 496, prosecutors don’t have to prove you stole anything, only that you knew the property was stolen when you received, bought, or sold it. That’s a vague standard, and it opens the door to overcharging, mistaken identity, or guilt by association.

If you’re facing charges for receiving stolen property, your intent and knowledge are everything. At The Nieves Law Firm, we don’t let assumptions do the prosecution’s job. We challenge the evidence, question the source of the property, and fight to keep a single transaction from turning into a criminal record.

What is Receiving Stolen Property Under Penal Code § 496?

California Penal Code § 496 makes it a crime to buy, receive, conceal, sell, or withhold stolen property when you know it was stolen or obtained through theft or extortion.

The law targets not just thieves themselves, but the “market” for stolen goods, people who knowingly deal in stolen property, making theft profitable for criminals.

Elements of Receiving Stolen Property

To convict you of receiving stolen property under PC 496(a), prosecutors must prove beyond a reasonable doubt:

• You bought, received, concealed, sold, withheld, or aided in concealing, selling, or withholding property
• The property had been stolen or obtained through theft or extortion
• You knew the property was stolen or obtained through theft or extortion

All three elements must be proven. If prosecutors cannot establish that you knew the property was stolen, you should not be convicted.

What “Receiving” Means

“Receiving” stolen property includes many different actions:

• Buying: Purchasing stolen goods from someone
• Receiving: Accepting stolen property as a gift or payment
• Concealing: Hiding stolen property to keep it from the rightful owner
• Selling: Acting as a middleman to sell stolen goods
• Withholding: Keeping stolen property and refusing to return it to the owner
• Aiding: Helping someone else conceal, sell, or withhold stolen property

You don’t need to physically possess the property yourself. Simply helping someone else hide or sell stolen goods can violate PC 496.

The Critical Element is “Knowledge”

The most important element of receiving stolen property is knowledge. Prosecutors must prove you knew the property was stolen when you received it.

Actual Knowledge

You have actual knowledge when you’re aware that the property is stolen. This might be shown through:

• Direct statements from the person giving you the property (“I stole this”)
• Your own involvement in planning or discussing the theft
• Your confession or statements to others
• Text messages, emails, or other communications discussing the stolen nature of the property

Reasonable Belief or Suspicion

You can also be convicted if the circumstances would cause a reasonable person to believe the property was probably stolen, and you failed to make reasonable inquiries.

Factors that might create reasonable suspicion include:

• The property’s price is far below market value
• The seller has no receipt, documentation, or reasonable explanation for how they obtained the property
• The serial numbers have been removed or altered
• The property is being sold in an unusual location or manner (out of a car trunk, in an alley)
• The seller is offering large quantities of new merchandise without a legitimate business
• You’ve been told by others that the seller deals in stolen goods

Important: Mere suspicion isn’t enough. Prosecutors must prove you actually knew or had such strong reasons to believe the property was stolen that your failure to inquire amounts to willful blindness.

You Cannot Be Convicted for Being Careless

If you made an honest mistake or were simply careless about whether property was stolen, that’s not enough for a conviction. The prosecution must prove you had actual knowledge or deliberately avoided learning the truth.

Penalties for Receiving Stolen Property

Receiving stolen property is a “wobbler” offense, meaning prosecutors can charge it as either a misdemeanor or a felony depending on:

• The value of the stolen property
• Your prior criminal history
• The circumstances of the offense

Value Threshold: $950

Since the passage of Proposition 47 in 2014, the value of the property determines how the crime can be charged:

Property Valued at $950 or Less:

• Must be charged as a misdemeanor
• Exception: If you have prior convictions for serious/violent felonies or sex offenses requiring registration, it can be charged as a felony

Property Valued Over $950:

• Can be charged as either a misdemeanor or felony (prosecutor’s discretion)

Misdemeanor Receiving Stolen Property

If charged as a misdemeanor, penalties include:

• Up to one year in county jail
• Fines
• Summary (informal) probation
• Restitution to the victim

Felony Receiving Stolen Property

If charged as a felony (property over $950 in value), penalties include:

• 16 months, 2 years, or 3 years in California state prison
• Substantial fines
• Formal felony probation
• Restitution to the victim

Attempted Receiving Stolen Property (PC 496(d))

Even attempting to receive stolen property is a crime. If you took steps toward buying or receiving stolen property but didn’t complete the transaction, you can be charged with attempted receiving stolen property, which carries:

• Up to one year in county jail (if charged as misdemeanor)
• 16 months, 2 years, or 3 years in state prison (if charged as felony)

Special Rules for Dealers and Swap Meet Vendors (PC 496(b))

California imposes a higher standard on certain people who deal in merchandise professionally. Under PC 496(b), swap meet vendors and anyone whose principal business involves dealing in or collecting merchandise or personal property must make “reasonable inquiry” to ensure property they buy wasn’t stolen.

Who This Applies To

• Swap meet vendors (as defined in Business and Professions Code § 21661)
• Pawnshop owners
• Second-hand dealers
• Scrap metal dealers
• Anyone whose main business involves buying and selling merchandise
• Employees and representatives of these businesses

The “Reasonable Inquiry” Standard

These professionals can be convicted if:

• They buy or receive property under circumstances that should cause them to make reasonable inquiry
• They fail to make that reasonable inquiry

They don’t need to actually know the property was stolen—failing to investigate when circumstances warrant inquiry is enough.

This is a lower standard than regular PC 496(a) charges. Prosecutors only need to prove the circumstances should have prompted questions, not that you actually knew the property was stolen.

Property Over $950: Can be charged as misdemeanor or felony

Property $950 or Less: Must be charged as misdemeanor

The Relationship Between Theft and Receiving Stolen Property

PC 496 contains an important provision: You cannot be convicted of both stealing property AND receiving the same stolen property.

If you were the actual thief, you can be convicted under PC 496 as a principal in the theft. However, prosecutors must choose—they can convict you of the theft itself OR of receiving stolen property, but not both for the same property.

This rule prevents “double punishment” for the same criminal conduct.

Common Defenses to Receiving Stolen Property Charges

Several legal defenses may apply to PC 496 charges:

Lack of Knowledge

The most common and effective defense is that you didn’t know the property was stolen. Evidence supporting this defense might include:

• You paid fair market value for the property
• The seller appeared legitimate and had a reasonable explanation for possessing the property
• You had no reason to suspect the property was stolen
• The transaction occurred in a legitimate business setting
• You asked appropriate questions and received satisfactory answers

If you genuinely believed the property was obtained legally, you cannot be convicted.

Mistaken Belief of Ownership

If you reasonably believed you had a legal right to the property, this defeats the knowledge element. For example:

• You thought the property was yours
• You believed the person giving you the property had authority to do so
• You had a good faith claim of right to the property

False Accusations

Receiving stolen property allegations sometimes stem from:

• Misunderstandings about who owned or had rights to property
• Revenge or spite from someone with a grudge
• Mistaken identity—someone else received the stolen property
• Civil disputes being treated as criminal matters

Evidence proving you didn’t receive the property or had legitimate possession can defeat the charges.

The Property Wasn’t Actually Stolen

If the property was never actually stolen or obtained through theft or extortion, you cannot be convicted of receiving stolen property. The prosecution must prove the underlying theft occurred.

This might apply when:

• The alleged “victim” gave the property away voluntarily
• There’s a civil dispute over ownership, not a theft
• The property was abandoned
• The “theft” never actually happened

You Returned the Property

While returning stolen property doesn’t erase the crime if you knew it was stolen when you received it, it can be a significant mitigating factor in sentencing or plea negotiations. In some cases, immediate return upon learning the property was stolen can support your claim that you didn’t initially know.

Illegal Search and Seizure

If police discovered the stolen property through an illegal search that violated your Fourth Amendment rights, that evidence may be suppressed. Common constitutional violations include:

• Warrantless searches without consent or probable cause
• Searches exceeding the scope of a warrant
• Coerced consent to search
• Illegal traffic stops leading to vehicle searches

If the evidence is suppressed, the prosecution’s case may collapse.

Insufficient Evidence

The burden is on the prosecution to prove every element beyond a reasonable doubt. If the evidence of your knowledge is weak, circumstantial, or based on speculation, you should not be convicted.

Civil Liability Under PC 496(c)

In addition to criminal penalties, PC 496(c) allows victims to file civil lawsuits against people who violate PC 496. If found liable in civil court, you may be ordered to pay:

• Three times the actual damages suffered by the victim (treble damages)
• Court costs
• The victim’s reasonable attorney’s fees

This means you could face both criminal prosecution and a devastating civil judgment for the same conduct.

Receiving Stolen Property vs. Related Crimes

PC 496 is often charged alongside or confused with other property crimes:

Receiving Stolen Property vs. Theft/Larceny (PC 484-502)

Theft is taking someone else’s property without permission with the intent to permanently deprive them of it. Receiving stolen property occurs after the theft, when you obtain property knowing it was stolen.

Key Difference: You cannot be convicted of both stealing the property AND receiving it. Prosecutors must choose one.

Receiving Stolen Property vs. Burglary (PC 459)

Burglary is entering a structure with intent to commit theft or another felony. Receiving stolen property doesn’t involve unlawful entry—it’s obtaining property after someone else stole it.

Receiving Stolen Property vs. Robbery (PC 211)

Robbery is taking property from someone by force or fear. It’s a violent crime with much harsher penalties (2-9 years in prison). Receiving stolen property is a non-violent offense occurring after the robbery.

Receiving Stolen Property vs. Possession of Stolen Property

While “receiving” and “possessing” stolen property seem similar, PC 496 specifically requires knowledge at the time you received the property. If you innocently received property and later learned it was stolen, you might be guilty of possession but not receiving.

Receiving Stolen Property vs. Grand Theft Auto (PC 487(d))

Grand theft auto specifically involves stealing vehicles. If you knowingly buy or receive a stolen car, you could be charged with receiving stolen property rather than (or in addition to) charges related to the vehicle theft itself.

What Happens After You’re Arrested?

If you’re arrested for receiving stolen property, the process typically involves:

• Arrest and Booking: You’re taken into custody, photographed, fingerprinted, and your information is recorded
• Bail Hearing: A judge decides whether to set bail and at what amount
• Arraignment: You appear in court to hear the charges and enter a plea
• Pretrial Proceedings: Your attorney may file motions to suppress evidence or dismiss charges, and negotiate with prosecutors
• Trial or Plea: The case either goes to trial or is resolved through a plea agreement

Having an attorney from the earliest stages protects your rights and improves your chances of a favorable outcome.

What Most People Don’t Know About Receiving Stolen Property

You can be charged even if you didn’t steal anything: You don’t need to be the thief. Simply receiving property you know is stolen is enough.

Good deals can be dangerous: Buying something at a price “too good to be true” can create reasonable suspicion that you knew or should have known it was stolen.

You can’t claim ignorance if the circumstances were suspicious: If a reasonable person would have suspected the property was stolen and you didn’t ask questions, prosecutors may argue you deliberately avoided learning the truth.

Pawnshops and dealers have stricter rules: If you’re in the business of buying and selling merchandise, you have a legal duty to make reasonable inquiries about whether property is stolen.

Receiving stolen property from a friend isn’t a defense: Even if your best friend gave you stolen property as a gift, you can be charged if you knew it was stolen.

The victim can sue you: Even if you’re acquitted criminally or charges are dismissed, the victim can still sue you in civil court for three times their damages.

Serial numbers matter: Possessing property with removed or altered serial numbers creates a strong inference that you knew it was stolen.

Frequently Asked Questions

What if I bought something from a legitimate-looking seller?

If you had no reason to believe the property was stolen and the seller appeared legitimate, you likely lacked the required knowledge for conviction. The circumstances must have given you reason to suspect theft.

Can I be charged if I was just holding the property for someone else?

Yes. “Concealing” or “withholding” stolen property includes storing it for someone else if you knew it was stolen.

What if I didn’t know it was stolen when I bought it, but found out later?

Receiving stolen property requires knowledge at the time you received it. However, once you learn it’s stolen, keeping it rather than returning it to the owner or police could result in separate charges.

Does it matter how much the property is worth?

Yes. Property valued at $950 or less must be charged as a misdemeanor (unless you have certain prior convictions). Property over $950 can be charged as a felony.

Can police search my home looking for stolen property?

Only with a valid search warrant, your consent, or under specific emergency circumstances. If police conducted an illegal search, any evidence found may be suppressed.

What if the property was only worth a few dollars?

Even receiving property worth very little can be charged as a crime, though prosecutors often focus on cases involving more valuable property due to limited resources.

Why You Need an Experienced Criminal Defense Attorney

Receiving stolen property cases often hinge on what you knew and when you knew it—questions that require careful analysis of evidence, witness credibility, and circumstances. An experienced attorney can:

• Challenge the prosecution’s evidence that you knew the property was stolen
• Present evidence of your innocent state of mind
• Investigate the circumstances of how you obtained the property
• Challenge illegal searches and seizures
• Negotiate with prosecutors for reduced charges or dismissals
• Present mitigating factors to minimize penalties
• Protect you from excessive restitution demands
• Keep you out of jail and off felony probation

Without proper representation, you risk harsh penalties that could have been avoided.

How The Nieves Law Firm Can Help

If you’re facing receiving stolen property charges under Penal Code § 496, The Nieves Law Firm is prepared to mount an aggressive defense. We understand that these charges often arise from misunderstandings, innocent purchases, or situations where you simply didn’t know the property’s true origin.

Our approach includes:

• Thoroughly investigating how you came into possession of the property
• Gathering evidence showing you lacked knowledge that it was stolen
• Challenging weak or circumstantial evidence of knowledge
• Presenting evidence of the transaction’s legitimacy
• Negotiating with prosecutors for reduced charges or alternative sentencing
• Fighting illegal searches and Fourth Amendment violations
• Protecting you from excessive criminal penalties and civil liability

We’ve successfully defended clients against receiving stolen property allegations and know what it takes to achieve favorable outcomes in these knowledge-intensive cases.

Don’t let receiving stolen property charges destroy your future. Contact The Nieves Law Firm today for a confidential consultation about your case. We’re ready to fight for you.

Related Videos