You are guilty of receiving stolen property when you buy, obtain, conceal, withhold, or sell someone else’s property that has been obtained through extortion or theft. The crime is a wobbler. This means that the prosecutor can charge it as a felony or misdemeanor, depending on the circumstances of the case or the defendant’s criminal history. A misdemeanor is punishable by a year in jail, while a felony attracts a three-year sentence. However, you can fight your charges with the assistance of a skilled criminal attorney to compel the judge to reduce or drop your charges.

Our criminal defense attorneys at Monterey Criminal Attorney handle all kinds of theft crimes. You can reach out to us immediately after your arrest in Monterey. We will ensure you navigate the complex legal system successfully, understand your legal rights and options, and utilize the best defense strategies to achieve the best possible outcome for your case.

The Legal Meaning of Receiving Stolen Property

Facing criminal charges does not automatically make you guilty. The legal justice system is designed to allow defendants to undergo a fair trial, and the judge makes the final verdict in a criminal case. Thus, you must prepare your defense to counter the prosecutor’s case to improve your chances of obtaining a favorable outcome in your case. During the trial, the district attorney must prove your case's elements beyond a reasonable doubt for the court to deliver a guilty verdict. These elements constitute the legal meaning of the offense. The three elements provided under PC 496 for receiving stolen properties are as follows:

  • You sold, bought, obtained, received, withheld, or concealed another person’s property that was acquired through extortion or theft.

  • You were aware of the property’s presence or existence.

  • You knew or should have reasonably known that the goods were obtained through extortion or theft.

Here is a detailed explanation of these elements to help you understand the offense even better:

Handling Stolen Property

The district attorney must first show that you handled stolen property by buying, receiving, selling, withholding, or concealing it. These actions could result in a guilty verdict at the end of the trial. This means you controlled or obtained stolen property through extortion at any given time. However, this does not mean you were in sole custody of the property because you can constructively or jointly possess the property with another person or people.

The district attorney must also demonstrate that the property was obtained through extortion or theft. Theft is a general term for any action that causes a person to obtain another person’s property without the owner’s consent. The goods could have been obtained through embezzlement, theft, burglary, or robbery. If the property was obtained by extortion, the district attorney must demonstrate it under PC 518.

Receiving stolen property means that you took possession or control of the property. You can receive stolen property without actually touching or holding it.

The Knowledge

You must know that the property you receive, buy, withhold, conceal, or sell is stolen or obtained through extortion. The district attorney must demonstrate that the property was taken from its owner without the owner’s consent. It could be that you or someone else used tricks, force, or fear to take the property away from the owner.

Note: You are guilty of obtaining stolen property even if you were not involved in stealing it or engaging in extortion. Your knowledge about how the property left its owner’s possession matters.

The district attorney must also demonstrate your knowledge of the stolen property’s presence or existence. You are not guilty if someone asks you to hold or keep a stolen property for them without confiding to you how they came about the property. The court will also dismiss your charges if someone hid stolen goods in your house, vehicle, or property without your knowledge.

PC 496 Charges for Business Owners

Business owners are held in higher regard when obtaining merchandise for sale. Thus, you will face stiff penalties if the court finds you guilty of knowingly obtaining or selling stolen goods in your shop. The judge can still deliver a guilty verdict even when the prosecutor fails to demonstrate beyond a reasonable doubt that you knew that the property in your possession was stolen or obtained through extortion. As a business person, you must verify the source of your merchandise to avoid criminal charges for handling stolen property.

If you sell secondhand items, you must verify the origin of the items you receive for sale to avoid criminal liability. You must also report anyone who sells or attempts to sell stolen property to you.

How Prosecutors Handle Cases Involving Multiple Stolen Items

Because of their unique nature, cases involving receiving stolen property are handled on a case-to-case basis. The district attorney must consider the details of your case to determine how to file charges against you in court. If you obtain, conceal, or buy several stolen items in one instant, the prosecutor will handle that as a single case. However, if you receive multiple stolen items on different occasions, the prosecutor will file different charges for the various occasions.

A skilled criminal defense attorney will help you better understand your case details. They will also look for loopholes in the prosecutor’s case and use them to fight your charges for a fair outcome.

Possible Penalties for a Conviction Under PC 496

Remember that receiving stolen property is a wobbler offense. This means that the prosecutor can file felony or misdemeanor charges against you. Their decision is mainly based on the circumstances of your case and your criminal history.

The prosecutor will file misdemeanor charges if the stolen property is valued below $950. You will likely receive the following penalties upon conviction:

  • Misdemeanor probation.

  • One year in jail.

  • A maximum court fine of $1000.

If the stolen property is valued at $950 or more, the prosecutor will file felony charges, punishable by the following:

  • 16 months, two or three years in jail.

  • Felony probation.

  • A maximum fine of $10,000.

Misdemeanor or Felony Probation

Probation is usually given in place of a jail sentence. Judges usually give probation in non-violent cases to allow a convict to serve their sentence out of incarceration. While probation is more favorable than a jail or prison sentence, it is not always pleasant. For example, probation sentences are usually longer than jail or prison sentences. A misdemeanor probation lasts for up to three years, while a felony probation can go for up to five years.

Although you will continue working and enjoying a close relationship with your family while on probation, you will be under strict probation conditions. The judge sets these conditions during sentencing. You must abide by all the set conditions to avoid additional criminal charges or a revocation of your probation. The judge could order you to seek treatment or counseling, perform community service for a particular number of hours, and not violate any law while on probation. You must also submit periodic reports to the court about your performance or meet regularly with a probation officer.

If you violate one or more of these conditions, the judge will call a hearing to determine the consequences of the violation. They can warn you, set new probation conditions, or revoke your probation. If the latter happens, the judge will send you to jail for the period recommended under PC 496.

A Damaging Criminal Record

A criminal conviction, whether a misdemeanor or felony, leaves you with a damaging criminal record. Since your criminal record is usually publicly available, it will affect you for many years after your sentence. Anyone who runs a background check on you will learn about your conviction. Thus, a conviction can affect your ability to find suitable employment. Potential employers conduct background checks on prospective employees today to determine their suitability for employment. Your criminal background could cause an employer to reconsider their decision, regardless of your qualifications.

A criminal background can also affect your ability to find a home to rent or lease. Landlords always conduct background checks on potential tenants before renting or leasing to them. Although this is not illegal, they always find a way to deny your application after finding out about your criminal background.

You could also face difficulties making new friends or maintaining relationships with your previous friends. People view ex-convicts differently. Spending time behind bars could also strain your relationship with family and friends.

Lost Gun Rights

A felony conviction will affect your gun rights. Although you can own or purchase a firearm in California if you are an adult and have a permit, you lose that privilege after a felony conviction. You are required to sell the gun in your possession or surrender it to the police immediately after your conviction.

Civil Lawsuit

The victim or victims of your offense can file a lawsuit against you to recover damages incurred through your actions. A civil court will order you to pay total compensation for all their damages if they are successful. You will also incur legal and other charges related to the case, resulting in a significant financial loss.

Immigration Consequences

If you are an immigrant, you could face severe immigration consequences after a conviction for receiving stolen property. The immigration department takes additional action against immigrants after a conviction for specific crimes of moral turpitude. Since receiving stolen property is considered a crime of moral turpitude, your conviction could result in deportation or being marked as inadmissible in the United States. If you are marked as inadmissible, you will not be allowed back to the U.S. after leaving the country for whatever reason.

How to Defend Yourself Against PC 496 Charges

A conviction for receiving stolen property is life-changing. In addition to a hefty court fine and a lengthy jail sentence, you will have a grave criminal background that will continue to impact your life for years. However, you can change the outcome of your case by fighting your charges during the trial. You can do so with the assistance of a skilled criminal defense attorney. Your attorney will gather evidence, represent you during the trial, and use some of the best legal defense strategies to obtain a favorable outcome. Here are some of the defense strategies that could help your situation:

You Had No Idea The Property Was Stolen

A conviction for receiving stolen property occurs if you knowingly possess, sell, withhold, buy, or conceal stolen property. This means you must know that the property is stolen or obtained through extortion. The district attorney must demonstrate this knowledge for the court to deliver a guilty verdict.

Your attorney can fight for a favorable outcome if you lack this knowledge. You can convince the court of your innocence if you genuinely believe the property was legitimate or if the person selling it to you was the owner. This could be true if the seller had the property’s original documents or convinced you it belonged to them.

However, this defense strategy will not work if you are in business and facing charges for dealing with stolen merchandise. You have a legal duty to ensure you obtain your merchandise from genuine sellers.

You Lacked Knowledge About the Stolen Property’s Existence

The district attorney must also demonstrate your knowledge of stolen property on or under your control. The court will find you guilty if there is no reasonable doubt that you know about the property or that it was stolen or obtained through extortion.

You are not guilty if you did not know you had or were in control of stolen property. That could happen if someone hid stolen goods in your house, garage, locker, or car. Your attorney must aggressively convince the jury of your lack of knowledge so that the court can dismiss your charges.

You Had an Innocent Intent

Although receiving stolen property is a grave offense, the court can dismiss your charges if you intend to return it to its owner or surrender it to the police. A skilled criminal attorney can demonstrate this intent during the trial to compel the judge to dismiss your charges. They can state that, after receiving or buying stolen goods, you changed your mind and were planning to hand them over to the police or return them to the owner. Your attorney can support this statement with evidence like a phone call or message you made to the property owners or a planned trip to a local police station.

The charges will be dismissed if the judge accepts your statement and evidence. However, you must show that returning the stolen property was your primary intent from the beginning and that you did not change your mind after receiving the stolen goods.

You Did Not Receive Stolen Property

Your attorney can use this defense strategy if you are falsely accused of receiving stolen property from the owner, stolen property, or another person. Someone can file false accusations against you out of jealousy or a desire for revenge. In this case, you must demonstrate your innocence in court for the judge to dismiss your charges.

Someone could also be mistaken if the stolen goods are the same or similar to the genuine goods you received simultaneously. For example, you can be accused of stealing a phone after buying one similar to the one stolen from a friend, colleague, or relative. Your attorney must provide evidence to support this defense so the court can dismiss your charges. They can give a genuine receipt to show that the goods you received differ from the stolen ones.

Also, showing that you were in a different location from where the transaction with the stolen goods occurred can work in your favor.

You Received the Goods By Accident

The judge can dismiss your charges if you accidentally come across the stolen property. The law requires you to have knowingly received or handled stolen property. However, claiming that your actions were an accident is insufficient for the judge to dismiss your charges. Your attorney must demonstrate how that happened to convince the jury that you did not have criminal intent. For example, someone could have left stolen goods in your shop, outside our gate, or anywhere accessible. This means you had nothing to do with the stolen goods, even though the police found them in your possession.

The Goods Were Not Stolen or Obtained through Extortion

PC 496 only prohibits the receipt of stolen goods or goods obtained through extortion. You are innocent under this statute if the goods in your possession were not obtained through any of these means.

Your attorney can use this defense if you borrowed the property, were keeping it for someone else, or someone asked you to keep it for you. Remember that the district attorney must prove beyond a reasonable doubt that the property you are charged with receiving was stolen. A skilled defense attorney will know the right strategy to convince the jury that the goods you possess were not illegally obtained. If the prosecutor cannot prove all elements of the offense, the judge will dismiss your charges.

You Have a Right to the Property

You can cite a claim of right if you are facing charges under PC 496 for receiving goods you believe are yours or to which you have a right. You cannot face charges for obtaining, buying, selling, or concealing something that belongs to you in the first place. However, you must demonstrate your right to that property for the court to dismiss your charges. You also must show that you did not have criminal intent and did not attempt to conceal your actions.

Related Charges

Some crimes under California law are closely related to PC 496. Examples of these offenses include the following:

Grand Theft, PC 487, and Petty Theft, PC 488

Receiving stolen property is a theft offense, which brings it very close to grand theft and petty theft. These three offenses are similar; the property's value determines the charges and penalties. For example, petty theft is similar to a misdemeanor under PC 496, whereby the value of the stolen property falls below $950. The penalties are also identical. Grand theft is similar to a felony under PC 496, where the value of the stolen property is $950 or more.

However, the law defines grand theft, petty theft, and receiving stolen property differently. Depending on the case details, you can only face charges for one of the offenses at a time.

PC 518, Extortion

Extortion charges occur when you use force or threats of force to cause a person to give up their property. For example, you are guilty of extortion if you force someone to hand over their money with threats of killing them if they do not. You can face charges under PC 496 for concealing or selling stolen property obtained through extortion. This means that the prosecutor can file two separate charges against you if you obtained the goods in your possession through extortion. If this happens, you will receive two penalties upon conviction, which you must serve consecutively.

Extortion is also a wobbler offense, punishable by a maximum of three years in jail.

Find a Competent Criminal Attorney Near Me

Do you or someone you love face criminal charges for receiving stolen property in Monterey?

These are grave charges that could result in life-changing consequences upon conviction. However, you can change the outcome of your case by putting up a solid fight during the trial. Our skilled and experienced criminal defense attorneys at Monterey Criminal Attorney can help.

We handle all kinds of theft crimes daily, so we know the best legal defense strategies for a favorable outcome. We can also help you understand your legal situation and options and defend your rights from violations. Our skilled attorneys will be by your side from your arrest until you are happy with the case. results. Call us at 831-574-1791 to discuss our services and your case in detail.