California Penal Code Section 496

Definition

Receiving Stolen Property under California Penal Code Section 496, is a criminal offense and it is normally filed as either a felony or  misdemeanor. Receiving Stolen Property is when  anyone conceals, withholds, markets or sells stolen goods, even though they are aware of the fact the item in question was thieved.

Example

A friend decides to hide an equipment that was stolen from their friend’s employer. You can also read more about California Theft Laws here.

Elements of the Crime

In order to take an Receiving Stolen Property CPC 496 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant willfully hid, withheld, sold or received stolen property

·         The defendant knew that the item was stolen

Punishments for CPC 496

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, and also an individual’s criminal history.

When found guilty of Receiving Stolen Property, it is usually filed as either a  misdemeanor or felony and this includes:

·         As a misdemeanor, the charges are one year in jail

·         As a felony, sixteen months, two or three years in prison

The judge may also order that a compensation is paid to the victim (x 3) the worth of the stolen property, the civil lawsuit and attorney fees. 

Legal Defenses for California Penal Code 496

A good lawyer can present many legal and valid defenses for Receiving Stolen Property charges under California Penal Code 496 to prove someone’s innocence. McGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Receiving Stolen Property. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Receiving Stolen Property.

Learn more about other California Section Penal Codes here.