California Penal Code 496 – Receiving Stolen Property

Overview

Penal Code 496 PC makes it a crime to buy, receive, conceal, sell, or withhold property you know to be stolen. This offense can be charged as a misdemeanor or a felony, depending on the value of the property and the defendant’s criminal history.

You don’t have to be the one who stole the item—just possessing or dealing with it knowing it was stolen can lead to serious criminal charges.

At Jones Trial Attorneys, we challenge these cases by focusing on lack of knowledge, faulty assumptions, or ownership disputes, and we fight to reduce or dismiss charges—especially for first-time offenders.

Legal Definition

Penal Code § 496(a) states:

“Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be stolen, is guilty of a crime.”

You can also be charged for aiding in the concealment or sale of stolen property—even if you didn’t physically possess it.

Elements of the Crime

To convict someone under PC 496, the prosecution must prove:

1. The property was stolen;

2. You knew it was stolen when you received or dealt with it; and

3. You knowingly bought, received, sold, concealed, or withheld the property.

“Knowledge” is the key element—and the most common battleground in these cases.

Penalties for PC 496

Misdemeanor (property valued under $950):

• Up to 1 year in county jail

• Fines up to $1,000

• Misdemeanor probation

Felony (property over $950 or with priors):

• 16 months, 2 years, or 3 years in prison

• Up to $10,000 in fines

• Formal probation

A civil lawsuit can also be filed by the victim for three times the value of the property, plus attorney’s fees.

Defenses to Receiving Stolen Property

We use a variety of defenses in PC 496 cases, including:

• You didn’t know the property was stolen

• The property wasn’t actually stolen

• You believed you had the right to possess it

• The transaction was lawful or innocent in context

• You were set up or falsely accused

We also pursue pre-filing negotiations or diversion programs when available to avoid charges altogether.

Immigration and Employment Consequences

PC 496 is a crime of moral turpitude, meaning it may:

• Lead to deportation or denial of immigration benefits

• Disqualify you from professional licensing or public employment

• Appear on background checks for years

Related Offenses

• PC 487 – Grand Theft

• PC 488 – Petty Theft

• PC 459 – Burglary

• PC 470 – Forgery

How Jones Trial Attorneys Can Help

Receiving stolen property charges are often based on assumptions—not facts. We fight to show your conduct was innocent, your intent was misunderstood, or the property wasn’t actually stolen at all.

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Charged with Receiving Stolen Property? We Can Help.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.