Penal Code 496 PC – Receiving Stolen Property in California

PC 496 defines receiving stolen property as buying, receiving, concealing, selling, or withholding any property that you know has been stolen or obtained through extortion. This includes physical items taken by theft, burglary, robbery, embezzlement, or deception.

The law applies even if you didn’t physically touch the item. If you exercised control or had the right to control stolen property—either directly or through someone else—you could be charged under Penal Code 496. Sharing control or joint possession with someone else also qualifies.

To convict someone under PC 496, prosecutors must prove certain legal elements beyond a reasonable doubt.

The prosecution must establish that you knew the property was stolen at the time you received it. Actual knowledge or strong circumstantial evidence may be used, especially for business owners or swap meet vendors who failed to verify questionable goods.

You don’t need to physically hold stolen items to be charged. Constructive possession, such as storing goods in your garage or allowing someone to bury them in your yard, may also count.

The charge may also apply if you intended to hide, sell, or help someone else with stolen items—even if you didn’t commit the original theft. It’s not necessary that you profit from the property.

Penal Code 496 PC is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the facts of the case and your criminal record. If the value of the stolen property is $950 or less, the offense is typically a misdemeanor.

1. Misdemeanor penalties may include:

• Up to 1 year in county jail
  
• A fine up to $1,000
  

2. Felony penalties may include:

• 16 months, 2 years, or 3 years in jail
  
• A fine up to $10,000
  
• Possible immigration consequences
  
• Loss of gun rights
  

For property valued over $50,000, additional prison terms may apply under sentencing enhancements.

A strong legal strategy can result in reduced charges or even a case dismissal. Common defenses include:

If you genuinely didn’t know the item was stolen, you haven’t violated PC 496. The burden of proof lies with the prosecutor to show that you had actual or implied knowledge.

You may be wrongfully accused due to being in the wrong place at the wrong time. Lack of fingerprints, surveillance, or credible witnesses can all help establish reasonable doubt.

If the stolen property wasn’t under your control, the charge doesn’t apply. This includes situations where stolen goods were planted on you without your knowledge.

If you received stolen property solely to return it or hand it over to the police, this defense may apply—provided that was your intent from the beginning and you didn’t change your mind.

The most crucial step is to contact an experienced Los Angeles criminal defense lawyer. A knowledgeable attorney will assess your case, gather facts, and work to protect your rights.

Your attorney will help collect evidence such as receipts, communications, or witness testimony that may prove your innocence or lack of intent.

Understanding the court process, your rights, and how to respond to prosecution claims will be essential in presenting a solid defense.

At DCD LAW, our team is exclusively focused on criminal defense. We have successfully represented clients accused of receiving stolen property and other theft-related crimes across Los Angeles.

We analyze every angle of your case to build a tailored defense strategy—whether that means negotiating a plea, presenting mitigating evidence, or challenging the legality of the evidence against you.

DCD LAW provides expert defense for Penal Code 496. With in-depth legal knowledge and a strategic approach, we challenge weak evidence, prove lack of intent, and negotiate favorable outcomes. 

Trust DCD LAW for aggressive representation to protect your rights and secure the best possible defense.