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I Received Stolen Property. Can I Be Charged With A Crime? (California Penal Code Section 496)
You could be charged with a crime if you received stolen property.
Many people do not realize that you could be charged with a crime if you receive stolen property in California. If someone sells or gives you stolen goods, you could face serious legal consequences. However, receiving stolen property does not mean you will automatically be convicted of this crime.
If you purchase an item from someone through Craigslist or are given a gift that you had no idea was stolen, a skilled criminal defense attorney may be able to prove that you are not guilty of knowingly receiving stolen property. Let’s take a look at the crime of receiving stolen property under California Penal Code Section 496.
What Happens if I Received Stolen Property? (PC 496)
If you have received stolen property, you could be charged with a crime in California. Under California Penal Code Section 496, it is illegal to buy or receive stolen property. However, in order to be convicted of this crime, you must have known or had reason to believe that the property was stolen or obtained in a manner that constitutes theft or extortion.
You can also be charged with receiving stolen property if you knew the property was stolen and concealed, sold, or withheld property from the owner or aided in concealing, selling or withholding property from the owner.
You may think that returning the stolen property will help you avoid criminal charges, but that is simply not the case. Even if you return the stolen property, you could be charged with the crime of receiving stolen property. The return of the stolen property is only a defense against these charges if your original intent in receiving the property in the first place was to return it to its proper owner.
Consequences of Receiving Stolen Property
Receiving stolen property is a wobbler offense. That means if you have received stolen property, you could be charged with a felony or a misdemeanor. Typically, you will be charged with a felony if the stolen property is valued at $950 or more. If the property is worth less than $950, you will face misdemeanor charges.
Felony receiving stolen property is punishable by a sentence of imprisonment in county jail for up to three years and fines of up to $10,000. A misdemeanor conviction for receiving stolen property is punishable by imprisonment in county jail for up to one year and fines of up to $1,000.
Receiving stolen property not only carries criminal penalties, but it may also carry civil penalties. For example, a person who was injured by you receiving stolen property may bring a civil action for three times the amount of actual damages suffered.
Call a Criminal Defense Attorney Right Away
A conviction of receiving stolen property can impact the rest of your life. But it doesn’t have. If you are accused of receiving stolen property, contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled team of attorneys and legal assistants has been successfully defending clients facing these charges for over 30 years. Our knowledgeable attorneys can help you, too.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, and Ventura, there is an experienced Wallin & Klarich rape attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
The post I Received Stolen Property. Can I Be Charged With A Crime? (California Penal Code Section 496) appeared first on wklaw.
Source: https://www.wklaw.com/I-received-stolen-property-can-I-be-charged-with-a-crime-cpc-496
