Receiving Stolen Property

In the sprawling metropolis of Los Angeles, where property crimes are unfortunately prevalent, the offense of receiving stolen property is a serious legal matter that can ensnare individuals from all walks of life. While the act of physically stealing an item is a distinct crime, California Penal Code Section 496 PC criminalizes the knowing acquisition, possession, or disposal of property that has been unlawfully taken. This means you don't have to be the original thief to face significant legal consequences. If you have been charged or accused of receiving stolen property you need to seek expert legal advice from a skilled white-collar attorney in Los Angeles. 

At the Kraut Criminal & DUI Lawyers, we understand the nuances and complexities of these charges. Facing accusations under PC 496 can be daunting, but with a thorough understanding of the law and a robust defense strategy, it's possible to protect your rights and mitigate the potential penalties. This page aims to provide you with a comprehensive overview of receiving stolen property crimes in Los Angeles, including the legal definition, common scenarios, potential defenses, and crucial steps to take if you find yourself under investigation.

California Penal Code Section 496 PC makes it illegal to knowingly buy, receive, conceal, sell, or withhold property that has been stolen, knowing that it was stolen. This statute aims to deter individuals from profiting from or facilitating theft by creating a secondary offense.

To secure a conviction under PC 496, the prosecution must prove the following elements beyond a reasonable doubt:

• Receipt, Purchase, Concealment, Sale, or Withholding: The defendant must have engaged in one of these specific actions with the property in question. This can range from physically taking possession to actively hiding the property.
• Knowledge of Stolen Nature: This is the crucial element. The prosecution must prove that the defendant knew the property was stolen at the time they received, bought, sold, concealed, or withheld it. This knowledge can be direct (e.g., the thief explicitly told the defendant) or inferred from circumstantial evidence.
• The Property Was Stolen: The property in question must have been obtained through theft, robbery, burglary, embezzlement, or other unlawful means.

The "knowledge" element is often the focal point of receiving stolen property cases. The prosecution must demonstrate that the defendant had actual knowledge or that a reasonable person in the defendant's position would have known the property was stolen. Mere suspicion is not enough. Circumstantial evidence, such as unusually low prices, suspicious transactions, or the nature of the property, may be used to infer knowledge.

Receiving stolen property often intersects with other theft-related offenses, including:

• Petty Theft (Penal Code 484 PC): Theft of property valued at $950 or less.
• Grand Theft (Penal Code 487 PC): Theft of property valued at more than $950, or theft of certain specified items regardless of value.
• Burglary (Penal Code 459 PC): Entering a structure with the intent to commit theft or another felony.
• Robbery (Penal Code 211 PC): Taking property from a person using force or fear.
• Embezzlement (Penal Code 503 PC): Fraudulently taking property entrusted to the defendant.
• Identity Theft (Penal Code 530.5 PC): Obtaining another person's personal identifying information without authorization.
• Vehicle Theft (Vehicle Code 10851 VC): Unlawfully taking a vehicle.

Understanding the origin of the stolen property can be crucial in building a defense. For example, if the property was obtained through a complex embezzlement scheme, the defendant's alleged knowledge of its stolen nature may be more difficult to prove.

Receiving stolen property is a "wobbler" offense in California, meaning it can be charged as either a misdemeanor or a felony, depending on the following factors:

• Value of the Stolen Property: If the property's value is $950 or less, it is generally charged as a misdemeanor. If it exceeds $950, it can be charged as a felony.
• Defendant's Criminal History: Prior convictions, especially for theft-related offenses, can lead to felony charges.
• Circumstances of the Offense: The nature of the crime, the defendant's role, and other aggravating factors can influence the charging decision.

• Misdemeanor: Up to one year in county jail and a fine of up to $1,000.
• Felony: 16 months, two years, or three years in state prison and a fine of up to $10,000.

Under California Penal Code Section 654, a defendant cannot be convicted of both theft and receiving stolen property for the same item. However, multiple charges are possible if the defendant received different stolen items at different times.

A skilled criminal defense attorney can employ various defenses to challenge receiving stolen property charges, including:

• Lack of Knowledge: This is the most common defense. If the defendant genuinely did not know the property was stolen, they cannot be convicted.
• Lack of Possession: The prosecution must prove that the defendant had actual or constructive possession of the stolen property.
• Mistaken Identity or False Accusation: The defendant may have been wrongly identified or falsely accused.
• The Property Was Not Stolen: If the property was not stolen, there is no basis for the charge.
• Intent to Return the Property: If the defendant intended to return the property to its rightful owner, it may negate the criminal intent.
• Entrapment: If law enforcement induced the defendant to receive stolen property, it may constitute entrapment.
• Insufficient Evidence: The prosecution's evidence may be insufficient to prove the elements of the crime beyond a reasonable doubt.

If you are facing receiving stolen property charges in Los Angeles, take the following steps:

• Exercise Your Right to Remain Silent: Do not speak to the police without an attorney present.
• Contact an Experienced Criminal Defense Attorney Immediately: An attorney can protect your rights and guide you through the legal process.
• Gather Evidence: Collect any evidence that supports your defense, such as receipts, messages, or witness statements.
• Document Everything: Keep detailed records of all interactions with law enforcement and legal professionals.

At the Kraut Criminal & DUI Lawyers, we understand the complexities of receiving stolen property cases. Attorney Michael Kraut, a former prosecutor, possesses extensive knowledge of California criminal law and has a proven track record of success in defending clients against serious charges. We are committed to providing personalized attention and aggressive representation to protect your rights and achieve the best possible outcome.

If you or a loved one has been accused of receiving stolen property, do not hesitate to seek legal representation. Contact the Kraut Criminal & DUI Lawyers at (323) 464–6453 for a free consultation. We are here to help you navigate the legal process and defend your rights.