Receiving Stolen Property – CPC 496
Under California’s Penal Code 496, it is illegal to buy, sell, receive, conceal or withhold property that you know to be stolen. Thus, even if you did not commit any theft crime but still take or hold property that you know to be stolen, you can be arrested and charged with a violation of Penal Code 496.
Orange County Criminal Lawyer Outlines What the Prosecutor Must Prove
To be convicted for receiving stolen property, the prosecution must show:
- The property was in fact stolen;
- You obtained possession of the property; and
- When you obtained possession you knew it was stolen.
Property is stolen if it was obtained by theft (petty or grand), burglary, robbery or embezzlement. For property to qualify as “stolen,” the person who took the property must have intended to permanently deprive the owner of that property. Under Penal Code 496, this intent will pass onto you if you knowingly and subsequently receive that property. Thus, if you were not aware at the time that you received the property that it was stolen but later learned or suspected that fact, you must immediately contact the owner of the property or the police to avoid prosecution.
Penalties for Receiving Stolen Property
The crime of receiving stolen property can be charged as either a misdemeanor or a felony, depending on the circumstances of the incident and any prior criminal history.
If you are charged with receiving stolen property as a misdemeanor you face up to a year in jail, fines and possible restitution.
If you are charged with receiving stolen property as a felony you face up to 3 years in prison, fines and possible restitution. It is important to have an Orange County criminal defense lawyer who will take an aggressive approach when charged with receiving stolen property as a felony conviction has a serious impact on your life and your livelihood.
Unlike most criminal offenses, California Penal Code 496 sets forth civil penalties for receiving stolen property as well. The law permits an individual who was injured by your crime to collect three times the amount of his/her loss, in addition to his/her attorney’s fees and the cost of the civil lawsuit.
Contact Orange County Criminal Defense Lawyer Daniel Cota
If you have been accused of receiving stolen property, contact Orange County criminal lawyer Daniel V. Cota. Attorney Cota has been putting his experience to work for years in cases involving receiving stolen property charges and will aggressively defend you against such charges and fight to protect you from the unpleasant results of such a charge on your personal, professional, and emotional life. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced Orange County criminal lawyer, contact Daniel V. Cota & Associates, P.C. toll free at (800) 351-6860.