California Penal Code § 496 PC – Receiving Stolen Property
Being arrested for receiving stolen property under California Penal Code 496 can feel overwhelming, especially when you know you didn’t intend to do anything wrong. Many of these cases arise out of everyday situations — buying an item from a pawn shop, picking something up secondhand, or accepting goods from someone you trusted. What seems like an innocent transaction can suddenly put you at the center of a serious criminal investigation.
It’s important to understand that an arrest does not equal guilt. To convict you, prosecutors must prove beyond a reasonable doubt that you actually knew — or reasonably should have known — the property was stolen at the time you received it. Without clear evidence of that knowledge, the case against you is far weaker than it may first appear.
At a time like this, having an experienced Los Angeles criminal defense attorney on your side is critical. Acting quickly can make the difference between charges being reduced, dismissed, or filed as a felony that could follow you for life. Our firm knows how these cases are built, what prosecutors look for, and the defenses that can protect your freedom, your record, and your reputation.
Understanding California’s Receiving Stolen Property Law
Penal Code 496 PC makes it a crime to buy, receive, conceal, sell, or withhold property if you know — or reasonably should know — that the property was stolen. The law applies regardless of whether you personally stole the property or had any role in the theft. Simply possessing or transferring stolen items can be enough to trigger criminal charges.
This statute covers a wide range of situations, from someone purchasing an item through an online marketplace at a suspiciously low price to holding onto property a friend asks you to “keep safe.” It is also commonly applied in cases involving pawn shops, second-hand dealers, or private transactions where ownership is later disputed.
It’s important to understand that prosecutors do not need to prove you committed the theft itself. Instead, they must show that you had the property and that you knew (or should reasonably have known) it was stolen. Because of this, honest mistakes and misunderstandings often lead to criminal charges, making it essential to have an experienced Los Angeles criminal defense attorney review the evidence and challenge the state’s case.
Elements of a Receiving Stolen Property Charge
To secure a conviction under Penal Code 496 PC, the prosecution must prove each of the following elements beyond a reasonable doubt:
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The property was stolen.
The item must have been taken through theft, burglary, robbery, or another unlawful means. If the property wasn’t actually stolen, this charge cannot stand. -
You possessed, purchased, sold, concealed, or withheld the property.
Possession does not always mean physical control; it can also mean having access to, or control over, the property — even if it was in someone else’s home, car, or storage. -
You knew, or reasonably should have known, the property was stolen at the time.
This is the most contested element. Prosecutors often rely on circumstantial evidence, such as the price being “too good to be true,” prior statements, or inconsistencies in your explanation.
If the prosecution cannot establish all three elements, then you cannot be legally convicted. Many cases fail because the state struggles to prove actual knowledge, especially when the property was obtained in good faith. A skilled criminal defense attorney in Los Angeles can often attack these weaknesses, arguing that you lacked knowledge, that the property was lawfully acquired, or that the evidence is insufficient.
Penalties for Receiving Stolen Property in California
A charge under Penal Code 496 PC is considered a “wobbler” offense, meaning the prosecutor has the discretion to file it as either a misdemeanor or a felony depending on the value of the property and your criminal history.
Misdemeanor Penalties
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Up to 1 year in county jail
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Fines of up to $1,000
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Misdemeanor probation (with conditions such as restitution or community service)
Felony Penalties
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16 months, 2 years, or 3 years in county jail
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Fines of up to $10,000
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Felony probation in some cases
Collateral Consequences
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A permanent criminal record that shows up on background checks
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Restitution orders, requiring you to repay the value of the property
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Employment barriers, especially for jobs requiring trust or handling of money
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Immigration consequences for non-citizens, since theft-related crimes are considered “crimes of moral turpitude” under federal law
Related Theft & Property Crimes
[PC 484 – Petty Theft]
Covers theft of property valued at $950 or less. Often charged alongside PC 496 when prosecutors allege the property in your possession came from a petty theft.
[PC 487 – Grand Theft]
Applies when the value of the stolen property is more than $950, or if the property is a car or firearm. Frequently linked with receiving stolen goods of significant value.
[PC 459 – Burglary]
Involves entering a building, room, or vehicle with intent to commit theft or another felony. Prosecutors may argue that receiving stolen property was part of a larger burglary scheme.
[PC 470 – Forgery]
Makes it a crime to sign, alter, or use a false document (like checks or deeds) with intent to defraud. Sometimes charged in cases where stolen property is transferred with fake paperwork.
[PC 211 – Robbery]
Defined as the taking of property from another person’s immediate possession, against their will, by force or fear. Unlike PC 496, which focuses on possessing stolen goods, robbery is a violent theft offense. However, prosecutors may connect the two if they believe the property you were accused of receiving originally came from a robbery.
Legal Defenses to Penal Code 496 PC Charges
Being accused of receiving stolen property does not mean you will be convicted. At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney carefully examines the facts of each case and looks for every opportunity to challenge the prosecution’s evidence. Common defenses we use include:
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Lack of Knowledge – The law requires proof that you knew, or reasonably should have known, the property was stolen. If you purchased the item in good faith — for example, from a pawn shop, online listing, or private seller — you should not be held criminally responsible.
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Ownership or Right to Possession – If you honestly believed the property was yours or that you had a legal right to it, the charge may not stand.
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Insufficient Evidence – Many PC 496(a) cases rest on weak or circumstantial evidence. If the prosecution cannot prove every element beyond a reasonable doubt, we fight for dismissal.
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Mistaken Identity – In some cases, law enforcement targets the wrong person or relies on faulty witness identification.
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Illegal Search and Seizure – If the police obtained the property through an unlawful search, any evidence collected may be excluded, weakening the state’s case.
Charged with Receiving Stolen Property? Speak with a Los Angeles Criminal Defense Attorney Today
If you or someone you care about has been accused of receiving stolen property, it’s important to act quickly. Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience representing clients in theft and property crime cases. He understands how prosecutors build these cases and knows how to challenge weak evidence, dispute allegations of “knowledge,” and fight to protect your record and your future.
To learn more about your rights, possible defenses, and legal options, contact our office today for a free, confidential consultation. We are ready to step in immediately, safeguard your rights, and pursue the best possible outcome on your behalf.
The Law Offices of Arash Hashemi
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Los Angeles, CA 90064
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