Receiving Stolen Property: Understanding the Offense and Protecting Your Rights

In the intricate world of criminal law, the offense of receiving stolen property is a serious matter that can lead to significant legal consequences. If you find yourself facing charges related to this crime, it's crucial to understand the legal landscape and have a dedicated advocate in your corner. At the Law Offices of David S. Chesley, our experienced attorneys are committed to providing the knowledgeable guidance and aggressive representation you need to navigate this challenging situation and protect your rights.

What is Receiving Stolen Property?

Under section 496(a), the alleged act may be buying, receiving, concealing, selling or withholding property known to be stolen or obtained by theft or extortion. Possession can be evidence, but it does not alone prove every required act and the knowledge element. The law aims to discourage the market for stolen goods, recognizing that without buyers, the incentive to steal is greatly diminished.

California Penal Code 496 PC

In California, the offense of receiving stolen property is defined under Penal Code 496 PC. This statute makes it a crime to buy, receive, conceal, sell, or withhold from its rightful owner any property that one knows to be stolen.

It's important to note that the legal nuances of this offense can vary by jurisdiction, so it's essential to consult with a knowledgeable attorney who can provide guidance specific to your case.

Penalties for Receiving Stolen Property

The consequences of a conviction for receiving stolen property can be severe, ranging from fines to significant jail time. The specific penalties often depend on factors such as the value of the stolen property, the defendant's criminal history, and the presence of aggravating or mitigating circumstances.

Misdemeanor Charges

For property worth $950 or less, section 496(a) requires misdemeanor treatment unless a specified serious or violent prior or sex-registration prior applies. The authorized misdemeanor custody is up to one year in county jail; any fine depends on the charged provision and judgment.

Felony Charges

Above $950, section 496(a) permits misdemeanor or felony treatment; a felony base term may be 16 months, two years or three years under section 1170(h). Value alone does not require a felony, and a fine or restitution depends on the actual judgment.

It's crucial to remember that these thresholds and penalties can vary significantly from state to state, underscoring the importance of consulting with an attorney who is well-versed in the specific laws of your jurisdiction.

Common Defenses Against Receiving Stolen Property Charges

If you are facing charges of receiving stolen property, it's essential to understand that you have rights and potential defenses. Some of the most common defenses include:

Lack of Knowledge

One key element of the offense is that the defendant must have known that the property was stolen. If you did not know the property was stolen or obtained by theft or extortion, that challenges the knowledge element of section 496(a). Price, messages and acquisition circumstances can be evidence; “had no reason to believe” is not a substitute for the charged knowledge test. A separate dealer rule in section 496(b) uses a reasonable-inquiry standard in its specified setting.

Intent to Return

An innocent-intent defense may apply if, when buying, receiving, concealing or withholding the property, you intended to return it to its owner or deliver it to law enforcement. CALCRIM No. 1751 says reasonable doubt about that intent requires acquittal. A decision to return it only after a wrongful act does not establish this defense, nor does an initial return intent followed by a decision to sell, conceal or withhold. Preserve dated messages and the whole sequence for counsel.

Mistake of Fact

If you genuinely believed that the property was lawfully obtained, such as if you purchased it from a seemingly reputable source, you may be able to argue that you had no reason to suspect it was stolen.

Entrapment

While challenging to prove, an entrapment defense argues that law enforcement induced you to commit a crime that you would not have otherwise committed. California CALCRIM No. 3408 focuses on whether police or an agent used conduct likely to cause a normally law-abiding person to commit the offense. It directs jurors not to decide the defense from the defendant’s particular character or predisposition; merely offering an opportunity is not enough.

Protecting Your Rights with Skilled Legal Representation

Facing charges of receiving stolen property can be an overwhelming and stressful experience. The potential consequences of a conviction can have a profound impact on your life, freedom, and future. That's why it's essential to have a dedicated and experienced legal advocate on your side.

At the Law Offices of David S. Chesley, our attorneys have the knowledge, skills, and commitment needed to provide the robust defense you deserve. We will:

  • Thoroughly review the evidence and circumstances surrounding your case
  • Identify weaknesses in the prosecution's case and develop a tailored defense strategy
  • Advocate for your rights in negotiations with prosecutors and in court
  • Fight tirelessly to achieve the best possible outcome in your case

With our extensive understanding of California's criminal laws and our track record of success, you can trust that your case is in capable hands.

Contact the Law Offices of David S. Chesley

If you or a loved one is facing charges related to receiving stolen property, don't wait to seek the experienced legal representation you need. Contact the Law Offices of David S. Chesley today at (800) 755-5174 for a confidential consultation. Our attorneys are available 24/7 to provide the guidance and advocacy you need during this challenging time.

With strategically positioned offices throughout Southern, Central, and Northern California, we're always in your corner, no matter where you are in the Golden State. From the bright lights of the big city to the quiet streets of the suburbs, the Law Offices of David S. Chesley has got your six.

What is the offense of receiving stolen property?

Section 496(a) addresses buying, receiving, concealing, selling or withholding property known to be stolen or obtained by theft or extortion; possession and surrounding facts may be evidence but do not replace the statutory elements. The law aims to discourage people from creating a market for stolen goods, which can incentivize theft.

What are the legal consequences of receiving stolen property in California?

In California, receiving stolen property is a serious offense that can result in either misdemeanor or felony charges, depending on the value of the stolen property and other factors. Misdemeanor convictions can lead to up to one year in county jail and a fine of $1,000, while felony convictions can result in 16 months to 3 years in county jail and a fine of up to $10,000.

What if I didn't know the property was stolen when I received it?

Lack of knowledge is a common defense against charges of receiving stolen property. The prosecution must prove the required knowledge under section 496(a). Counsel can compare the purchase price, messages, provenance and timing with the claimed notice of theft; a disputed element may support a defense, but no disposition follows automatically.

Can I be charged with receiving stolen property if I intended to return it?

An allegation can still be investigated or charged, but CALCRIM No. 1751 recognizes a defense if you intended to return the item to its owner or deliver it to law enforcement when you bought, received, concealed or withheld it. A later decision to return it after a wrongful receipt is different, as is changing an initial return plan into a plan to sell or conceal. Preserve dated communications and discuss the full chronology with counsel.

What should I do if I am accused of receiving stolen property?

If you are facing charges related to receiving stolen property, it's crucial to seek the help of a skilled criminal defense lawyer as soon as possible. Do not try to explain your situation to the police or prosecutors without first consulting an attorney, as anything you say could potentially be used against you in court.

How can an attorney help me fight charges of receiving stolen property?

An experienced criminal defense attorney can thoroughly review the evidence in your case, identify potential weaknesses in the prosecution's arguments, and develop a strong defense strategy tailored to your unique circumstances. They can also negotiate with prosecutors to potentially have the charges reduced or dismissed and advocate fiercely for your rights in court.

What are some possible defenses against receiving stolen property charges?

Defense questions include whether the person knew the property was stolen, whether a charged act occurred, and whether a mistake is supported by transaction records. CALCRIM No. 1751 also recognizes innocent intent to return the item to its owner or deliver it to law enforcement at the time of the charged buying, receipt, concealment or withholding; later return efforts alone are not enough. Entrapment depends on separate elements and actual police conduct.

Will I go to jail if I am convicted of receiving stolen property?

The potential for jail time depends on the specific circumstances of your case, such as the value of the stolen property and your criminal history. In California, misdemeanor convictions can result in up to one year in county jail, while felony convictions can lead to 16 months to 3 years in county jail. However, an experienced attorney may be able to help you avoid or minimize jail time through negotiation or alternative sentencing options.

What sets the Law Offices of David S. Chesley apart in handling receiving stolen property cases?

The Law Offices of David S. Chesley has a team of skilled criminal defense attorneys with extensive experience handling receiving stolen property cases. We offer personalized attention, thorough case investigation, and aggressive representation to fight for the best possible outcome for our clients. With our deep understanding of California's criminal laws and our commitment to protecting our clients' rights, you can trust that your case is in capable hands.

How can I contact the Law Offices of David S. Chesley for help with my receiving stolen property case?

If you or a loved one is facing charges related to receiving stolen property in California, don't hesitate to contact the Law Offices of David S. Chesley for help. We offer confidential consultations and can be reached 24/7 at (800) 755-5174. With offices strategically located throughout Southern, Central, and Northern California, we are always ready to fight for your rights and protect your future, no matter where you are in the state.