Receiving stolen property is a violation of Penal Code Section 496. It can be charged as both a misdemeanor and a felony.
Receiving stolen property usually occurs when the property an individual possess’ was stolen, knowing the property to be so stolen.
The critical issue in proving that you are guilty in receiving stolen property is having knowledge that the property was stolen. If the prosecution cannot prove that you knew property was stolen, then a good possibility exists that you can be found not guilty of the charge.
For example, if someone sold you a brand new flat screen Sony television set for $200, and you knew the set was easily worth $3,000, you may be guilty of receiving stolen property, as you likely knew or should have know the property was stolen. However, if you were in possession of a computer that you purchased from someone for $500, and you know the property was stolen, you may not be found guilty.
Generally the thief and the person who knowingly receives the stolen property from him are guilty of distinct and separate offences are not considered accomplices of each other, unless they conspire in advance. Mere possession of stolen property is insufficient to prove the offense of receiving stolen property. Again, the key element is knowledge.
A person who is not aware that property is stolen when he comes in possession, but subsequently learns that it was stolen, can be found guilty of receiving stolen property, if that information is withheld from the true owner.
If a police officer questions you regarding allegedly stolen property, do not give any statements, as knowledge is the key element in proving this offense.
The following are instances where the police can use statements to prove knowledge:
- If they see that the property has identification marks removed;
- If the property was purchased by you at a sub-market price;
- If you give a false name or address to the police officer regarding the property;
- Any false statements regarding how you came into possession of the property.
There are many defenses to receiving stolen property.
Please contact our offices if you have been accused or charged with this offense, so we can educate you and discuss your possible defenses.
It is very important that you not give any statements regarding the property and that any statements you do give are made with the presence of legal counsel.
Contact our office today and the initial consolation is free.
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