Theft laws are very stringent in California. They cover criminal acts like taking other people’s properties without permission and handling stolen properties. The person who receives stolen property receives a harsh penalty, just like the one who steals it. This law cautions everyone against selling, concealing, receiving, or withholding property they know too well has been obtained through extortion or theft. If you are suspected of receiving stolen property, the prosecutor can file a misdemeanor or felony charge. Their decision depends on the value of that property and your criminal history.
You will likely receive a harsh jail sentence of one to three years for receiving stolen property in Bakersfield. The judge will also order you to pay a hefty court fine. Other consequences of a criminal conviction will also apply since your criminal record will be damaging.
But you can avoid those consequences by engaging the help of a skilled criminal lawyer. We can develop a solid defense against your charges at California Criminal Lawyer Group. Our skills and experience could compel the judge to dismiss or reduce your charges.
The Legal Definition of Receiving Stolen Property
You are not exempt from criminal persecution for only handling stolen property and not participating in its theft. You are criminally liable, provided you know that the goods were stolen and/or its origin. Allowing someone to keep stolen property in your house or helping transport stolen goods counts as receiving stolen property, even if you did not intend to benefit. The prosecutor will consider the details of your case to determine how to charge you.
Even though most theft crimes focus on stealing or taking someone else’s property, the people who receive or facilitate stolen property are also criminally liable. PC 496 makes it a severe crime to receive or handle stolen property knowingly. Here are elements of the crime that the prosecutor must demonstrate beyond a reasonable doubt for the judge to deliver a guilty verdict:
- That you received, bought, sold, concealed, withheld, or aided in concealing, selling, or concealing property that was stolen from another person.
- You did so knowing too well that the property was obtained through extortion or theft.
Let us look at some of these elements in detail to understand the crime’s legal definition better:
Extortion or Theft
The property that will cause you to face charges under PC 496 must have been obtained through extortion or theft.
Obtaining a property through theft or by stealing means that someone committed theft to acquire the property. They could have done so by any means covered under theft laws, including embezzlement or larceny, robbery (under PC 211), or burglary (under PC 459). The prosecutor must first demonstrate that another person stole the property in your possession.
A person obtains property by extortion (under PC 518) if they do the following:
- They acquired the property without the owner’s consent.
- They used fear or force to compel the owner to give consent.
The prosecutor must demonstrate that the property in your possession was obtained from another person through theft or extortion.
Receiving Property
PC 496 applies if you receive stolen property rather than stealing or using extortion to obtain it. You receive stolen property when you take control or possession of it. Note that possession can be direct or indirect. You can also be in sole possession of the property or joint possession with another person or people. More than one person can be in possession of one item at the same time.
The prosecutor can still file charges even if you are not actually touching or holding the stolen property. You could be in constructive possession of the property, whereby you control or can control it, but from a different location.
Example: Sarah steals a computer from one of her classmates. She takes the computer home and hides it in the basement. Even though Sara’s mother knows it, she does not touch or even look at the computer. She does not even know the actual place in the basement where Sarah has hidden the laptop. Following a lead, the police stormed Sarah’s home to search for the stolen property. They find the computer hidden in the basement.
In this case, Sarah’s mother is guilty of obtaining stolen property because she indirectly possesses it. The laptop is hidden in her basement, with her full knowledge. Remember that two or more people can possess the same property simultaneously.
The Knowledge
PC 496 also requires you to know or reasonably know that the property you receive, conceal, or assist in selling is stolen. You are guilty if you receive or handle property you knew was stolen. Some business people are convicted under this law even when the prosecutor cannot demonstrate they actually knew that the property in their possession was stolen.
For example, if you deal with personal goods or collect merchandise, it could be challenging to know if the goods you receive to sell or as a donation are actually stolen. However, the prosecutor can still file charges if you suspect that the items were stolen or fail to inquire if they were stolen. It is your responsibility to find out the source of goods you receive for sale or to keep. If you suspect the goods could be stolen, you must report them to the police immediately. Otherwise, you could face serious charges if stolen goods are found in your possession.
Possible Penalties for Receiving Stolen Property
PC 496 is a wobbler offense. It means the prosecutor can file misdemeanor or felony charges against you for a violation. Their decision is based on your criminal history and the details of your case. A misdemeanor charge is lenient and could result in the following penalties upon conviction:
- Misdemeanor probation.
- A maximum of one year in jail.
- Up to $1000 in court fines.
If the prosecutor files felony charges, you could receive heftier penalties, which could include the following:
- Felony probation.
- A maximum of three years in jail.
- Up to $10,000 in court fines.
Typically, prosecutors file misdemeanor charges if the value of stolen property is nine hundred and fifty dollars ($950) or less. The prosecutor usually does not consider your criminal history when filing charges. If the court finds you guilty, the judge could order you to pay the victim restitution of up to three times their damages. You could also be required to compensate them for their attorney's fees and other costs.
Note: Prosecutors treat a single violation as one case. You cannot face multiple charges for stealing numerous goods in one instance. If you receive several stolen goods from one person or in one instance, the prosecutor will only file a single charge.
Additionally, you cannot face theft charges for stealing a particular property and another charge for receiving or concealing it. You are either guilty of stealing the property or receiving it. According to California double jeopardy law, you cannot be guilty of both.
Misdemeanor or Felony Probation
The judge can sentence you to probation instead of jail. The probation you receive will depend on your underlying charges. That is misdemeanor probation for a misdemeanor charge or felony probation for a felony charge.
Misdemeanor probations last between one and three years. You are typically under the court’s supervision while on misdemeanor probation. The judge will give you a set of probation conditions to adhere to. For example, you must not violate the law, engage in community service, and pay all your court fines and restitution (if applicable). You must also submit periodic progress reports to the judge. Your case is over once you complete probation. But if you violate probation, the judge can revoke it and send you to jail for the required period under the law.
Felony probations are much longer. You could be on probation for up to five years. The judge will place you under the supervision of a probation officer. The officer will monitor your progress and write a report to the court at the end of your probation. You must also adhere to strict probation conditions while on felony probation. If you violate any of them, the judge can revoke your probation and send you to jail for the required period.
Immigration Consequences
Stealing and handling stolen property is a crime of moral turpitude. Thus, it will have serious immigration consequences if you are an immigrant living in California. A conviction under this statute could result in your deportation and being marked as inadmissible to the United States. These consequences will apply right after your sentence. Once you are removed from the United States, you cannot return for some time or forever.
Conviction Effects on Your Gun Rights
As an adult in California, you can obtain a permit to possess, use, or purchase a firearm. However, you can quickly lose your gun rights once you are convicted of a felony. The law does not allow some people to possess or purchase firearms, including those with mental illnesses and felons. Thus, your gun rights will be affected if the judge sentences you to a felony for receiving stolen property. You can lose those rights temporarily or permanently, depending on the facts of your case.
Other Consequences of a Conviction Under PC 496
A conviction for receiving stolen property will leave you with a criminal record that will affect your life in many ways and for a long time. Some consequences of a criminal conviction continue to impact your life after you complete your sentence. You will face various challenges if you have a damaging criminal record. For example, finding suitable employment or a good neighborhood to rent could be difficult. Employers and landlords conduct background checks on potential individuals to determine their suitability for a job or home. Once your conviction comes up in their check, they could change their mind regardless of your qualifications.
A criminal conviction will also affect how you relate to people. The people closest to you could distance themselves over time after your conviction. Spending a long time in jail will worsen the situation and could cause you to lose some crucial relationships. Making friends after serving time is always hard. People will treat you differently once they realize you have a criminal background.
Expunging Your Criminal Record
The consequences of a criminal conviction affect all aspects of your life, including your professional and social lives. A criminal record will continue to affect you. For example, accessing some services or finding a job could be challenging because of a criminal record. But you can change all that by petitioning the court to expunge your criminal record. Expungement eliminates all the adverse effects and disabilities of a criminal conviction.
But you must qualify for expungement for the judge to grant your request. For example, you must complete your sentence for the conviction you want the court to delete from your record. If the judge sentences you to probation, you must serve it to the end. You must also not violate any probation terms. The judge could deny your petition if you do not successfully complete probation.
You must not be serving time or on probation for another offense. You must also not be under arrest, under investigation, or about to go to trial for another crime. If you meet the criteria, your attorney can assist you in preparing and filing a petition in the same court where your conviction occurred.
The judge will review your petition after receiving it and your probation reports to decide whether to grant or deny your request. If they grant your petition, the judge will permanently remove that particular conviction from your record. Anyone conducting a background check on you after that will not find out about the sentence. Thus, they will not be able to treat you according to what they find in your background.
Defending Yourself Against Charges Under PC 496
If a prosecutor files charges against you for receiving stolen property, you will face a jury trial. Jury trials are fair because you can present evidence and arguments to defend yourself against the charges. You can do well with the help of an experienced criminal defense attorney. Fortunately, criminal attorneys can use various legal defense strategies to compel the judge to reduce or dismiss criminal charges. Here are examples of strategies your attorney can use to obtain a favorable outcome for your case:
You Did Not Know The Property Was Stolen
You face criminal charges for receiving stolen property if you obtain it from another person, knowing too well that the goods were stolen or obtained through extortion. If that is not the case, the judge will dismiss your charges. However, your attorney must demonstrate your lack of knowledge to the court and convince the jury that you innocently took goods without knowing their origin.
Prosecutors have difficulty proving what a perpetrator knew or did not know when committing a crime. If the prosecutor cannot prove this element beyond a reasonable doubt, the judge will dismiss the case for insufficient evidence. Your attorney can also cast doubt on the prosecutor’s case by demonstrating your lack of knowledge.
You Were to Return the Property
A skilled criminal attorney can use innocent intent to compel the judge to dismiss your charges. They can convince the judge of your intent to return the stolen property to its rightful owner. Your attorney can argue that, even though you received stolen property, your intention was not to keep or sell it but to return it to the owner or hand it over to the police.
Example: Sally’s son, Max, has joined the wrong company in the neighborhood. Sally is aware of all her son’s friends' illegal activities. When her son comes home with two stolen phones, Sally discreetly hands them to the police without mentioning Max or Max’s friends.
In this case, Sally is guilty of obtaining stolen property. But since she hands it to the police, the judge will dismiss her charges because her intention is innocent.
Note that the judge will only accept this defense if you planned to return the stolen property when you received it and did not have a change of heart later on. If used well, this defense strategy can work very well. There must be evidence that you intend to keep or sell the stolen property. This creates reasonable doubt in prosecutor’s cases, giving criminal defense attorneys a leeway to compel the judge to dismiss charges.
You Did Not Receive the Property
You are not guilty under this statute if you did not receive stolen property. But since the prosecutor has brought charges against you and they have evidence to support them, you must prove that you did not receive any stolen property. To succeed with this strategy, you must present compelling evidence and arguments to counter the prosecutor’s allegations.
The law requires you to have actually received stolen property to be guilty. A skilled criminal attorney can cast doubt on the prosecutor’s evidence that you possessed stolen property. Sometimes, prosecutors rely on circumstantial evidence, insufficient to prove a case beyond a reasonable doubt. If the stolen property was not found in your hands, you can argue that you did not have control over it. If there is no tangible evidence that you received stolen property, this strategy can work in your favor. The judge will dismiss your charges for a lack of sufficient evidence.
You Obtained Stolen Goods By Accident
The law against receiving stolen property requires you to be a willing participant in acquiring, keeping, or selling stolen property. It requires you to know or reasonably know that the property you receive is stolen or obtained through extortion. If everything happened by accident, you are not guilty under PC 496.
For example, if someone leaves stolen goods in your home or car without your knowledge or consent, you can use this defense to defend yourself.
Related Offenses
Some offenses under the law are closely related to PC 496. The most common of these are:
Appropriation or Theft of Lost Goods
If someone loses a property and you come across it, the law requires you to return the property to its rightful owner or hand it over to the police. PC 485 prohibits stealing or appropriating another person’s lost property. According to this law, keeping any property you find when you have clues to identify the property’s valid owner is unlawful.
The offense is also a wobbler, meaning the prosecutor can bring felony or misdemeanor charges against you. A misdemeanor is punishable by a maximum of six months in jail, while a felony is punishable by up to three years.
Extortion, under PC 518
Extortion occurs when you use threats or force to compel another person to hand over their money or valuable property to you. You are also guilty of extortion if you use threats or force to cause a public official to perform an official act in your favor. It is a straight felony, punishable by a maximum of four years in prison.
Embezzlement, under PC 503
You are guilty of embezzlement if you unlawfully steal or use property that someone else has placed under your care. The focus of this offense is mainly not on the property you receive from the owner but on the fact that the owner entrusted their property to you. Prosecutors charge embezzlement as a felony or misdemeanor, depending on the value of the embezzled property.
Find a Competent Criminal Attorney Near Me
Do you face criminal charges for receiving stolen property in Bakersfield?
This is a severe offense that can result in life-changing consequences. But you can fight your charges with the help of a skilled criminal defense attorney. An attorney can also streamline the complex legal process and defend your rights against violations.
We do that and more at California Criminal Lawyer Group. Our team of aggressive criminal attorneys does not rest until you are happy with the case outcome. We use the best legal strategies to compel the judge to dismiss or reduce your charges. Call us at 661-750-8230 for more information about our services and to discuss your options.
