California Penal Code Section 496D: Possession of a Stolen Vehicle

California Penal Code Section 496D makes it a crime to knowingly buy, receive, conceal, sell, or possess a stolen vehicle. A 496D PC charge is taken seriously and can lead to felony penalties, even if the defendant was not the person who originally stole the car. Understanding how prosecutors prove “knowledge” and what defenses apply is critical when facing an accusation of possessing a stolen vehicle.

Under Penal Code Section 496D, it is unlawful to possess a vehicle that you knew, or should have reasonably known, was stolen. This statute applies not only to cars, but also to trucks, motorcycles, and other motor vehicles. Prosecutors must prove both possession and knowledge, making this a case where the specific facts and circumstances matter greatly.

Legal Definition of Possessing a Stolen Vehicle Under PC 496D

Under California Penal Code 496D, it is a crime to buy, receive, conceal, sell, or withhold a motor vehicle if you know the vehicle was stolen. The statute focuses on people who come into possession of a stolen vehicle, not necessarily those who stole it.

Types of Vehicles Covered by Penal Code 496D

496D PC  applies to a wide range of vehicles, including:

• Cars, trucks, and motorcycles
• Trailers
• Special construction equipment
• Vessels such as boats or watercraft

The law is intentionally broad so prosecutors can charge anyone who knowingly handles or hides a stolen vehicle, regardless of the type.

Difference Between Receiving vs. Stealing a Vehicle

Vehicle theft (such as VC 10851) punishes the taking of the vehicle. Penal Code 496D punishes someone who possesses or receives a stolen vehicle.

You cannot be convicted of stealing and receiving the same vehicle, but you may be charged with both initially.

To secure a conviction under Penal Code 496D, the prosecution must establish all of the following key elements:

Act of Buying, Receiving, Concealing, or Selling a Vehicle

Prosecutors must show you performed an act such as buying, hiding, transferring, or helping someone else hold the stolen vehicle.

Knowledge That the Vehicle Was Stolen

This is the most important element. The prosecutor must prove you knew, or reasonably should have known, that the vehicle was stolen. Actual knowledge can be shown directly or indirectly.

How Circumstantial Evidence Is Used to Show Knowledge?

Because no one admits, “I knew it was stolen,” prosecutors rely on surrounding clues, such as:

• The vehicle was sold for far below market value
• Ignition damage or missing keys
• Altered VIN numbers
• Suspicious seller behavior

These signs help prosecutors argue you should have known the vehicle was stolen.

Penalties for Violating Penal Code 496D

If someone is found guilty of violating Penal Code 496D, the potential penalties can include the following:

Misdemeanor vs. Felony Charges (“Wobbler” Status)

A violation of Penal Code 496D is a wobbler, meaning prosecutors may file it as a misdemeanor or felony.

• Misdemeanor: Up to 1 year in county jail
• Felony: 16 months, 2 years, or 3 years in county jail

Jail Time, Fines, and Additional Court Penalties

Convictions may also include:

• Fines up to $1,000 (misdemeanor) or $10,000 (felony)
• Probation
• Court-ordered restitution to the vehicle’s owner

Collateral Consequences After a 496D Conviction

A conviction can create long-term damage:

• A permanent criminal record
• Difficulty obtaining employment
• Immigration consequences for non-citizens
• Barriers to professional licensing

Common Legal Defenses to PC 496D Charges

When facing PC 496D charges, several legal defences may be used to challenge the allegations, such as:

Lack of Knowledge That the Vehicle Was Stolen

If you reasonably believed the vehicle was legitimately purchased or borrowed, this defense may defeat the charge.

Lawful Permission to Possess or Use the Vehicle

If the registered owner permitted you to use the vehicle, prosecutors may not be able to prove wrongful possession.

Mistaken Identity or Wrong Defendant

Sometimes, the wrong person is accused simply because they were near the vehicle or had temporary access to it. Clear evidence can dismantle the case.

Insufficient Evidence or Unlawful Search

If police found the vehicle through an unconstitutional search, the evidence may be suppressed. Without the vehicle as evidence, the prosecution may lose its entire case.

How PC 496D Differs From Related Offenses?

Understanding how PC 496D compares with other vehicle-related offences helps clarify where it stands within California’s broader legal framework, including:

PC 496 (Receiving Stolen Property)

PC 496 covers receiving any stolen property, not just vehicles. PC 496D is vehicle-specific.

VC 10851 (Unauthorized Use or Vehicle Theft)

VC 10851 punishes driving or taking a vehicle without consent. PC 496D focuses on receiving or hiding it.

When Multiple Charges May Be Filed Together

Prosecutors often charge both PC 496D and VC 10851 to see which theory sticks. Ultimately, a defendant cannot be convicted of both for the same vehicle.

Examples of Situations That May Lead to a 496D Charge

In practice, 496D cases often come from everyday scenarios like the ones below.

Buying a Vehicle at a Suspiciously Low Price

If a car worth $10,000 is offered for $1,500 cash with no paperwork, prosecutors may argue you should have known it was stolen.

Driving a Vehicle With Altered VIN or Plates

Altered VIN plates or mismatched registration documents are red flags in a criminal case.

Holding a Vehicle for Another Person

Even briefly storing a friend’s vehicle can trigger charges if the car is later found to be stolen.

Why Legal Representation Is Important in 496D Cases?

Given the seriousness of these allegations, having skilled legal representation becomes essential to protect your rights and navigate the charges effectively.

Early Case Evaluation and Evidence Review

A skilled attorney can challenge weak evidence, unlawful searches, or assumptions about your knowledge.

Negotiation to Reduce or Avoid Felony Charges

Because PC 496D is a wobbler, strong negotiation can often lower a felony to a misdemeanor or get charges dismissed.

Protecting Your Record and Future Opportunities

An attorney ensures you avoid collateral consequences that can affect employment, housing, and immigration.

Why Choose DCD LAW for Your PC 496D Case?

DCD LAW provides defense, personalized attention, and strategic negotiations to protect your rights. Their legal team understands how prosecutors build 496D PC cases and how to dismantle them.