Los Angeles Receiving Stolen Property Defense: Understanding California PC § 496 Charges

Facing a receiving stolen property charge in Los Angeles can lead to serious consequences, including jail or prison time, fines, and a criminal record that impacts your employment and personal life. Under California Penal Code § 496, receiving stolen property involves knowingly possessing, buying, or selling property that was stolen. At Rogers | Beltran LLP, our experienced Los Angeles receiving stolen property defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain the types of receiving stolen property charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these charges.

Types of Receiving Stolen Property Charges in California

California Penal Code § 496 covers the act of receiving, buying, selling, concealing, or withholding property that you know was stolen. Charges vary based on the value of the property and the circumstances. The most common types include:

1. Misdemeanor Receiving Stolen Property (PC § 496(a))

  • Description: Involves receiving stolen property valued at $950 or less.
  • Key Factors: Typically a misdemeanor, often charged in cases involving minor items like electronics or jewelry.

2. Felony Receiving Stolen Property (PC § 496(a))

  • Description: Involves receiving stolen property valued over $950, or specific items like vehicles or firearms, regardless of value.
  • Key Factors: A “wobbler” offense, charged as a misdemeanor or felony based on the value, criminal history, or circumstances.

3. Receiving Stolen Property with Aggravating Factors

  • Description: Enhancements apply for large-scale operations, prior convictions, or receiving property from vulnerable victims (e.g., elderly).
  • Key Factors: Increases penalties, often leading to felony charges.

4. Related Charges

  • Description: Receiving stolen property may be charged alongside related offenses, such as:
    • PC § 484 (petty theft or grand theft).
    • PC § 496d (specifically receiving a stolen vehicle).
    • PC § 459 (burglary, if connected to the theft).
  • Key Factors: Multiple charges can compound penalties and complicate defense strategies.

What the District Attorney Must Prove in a Receiving Stolen Property Case

To secure a conviction under PC § 496, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Possession or Receipt: You bought, received, sold, concealed, or withheld stolen property.
  2. Knowledge: You knew the property was stolen at the time you received or possessed it.
  3. Stolen Property: The property was obtained through theft or extortion.
  4. Intent: You intended to deprive the owner of the property or assist in its concealment.

The DA relies on evidence such as recovered stolen items, text messages, witness statements, or surveillance footage. An experienced Los Angeles receiving stolen property attorney can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Receiving Stolen Property Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 496 charges. Common defenses include:

  1. Lack of Knowledge:
    • If you did not know the property was stolen, you cannot be guilty.
    • Example: You purchased an item at a flea market, unaware it was stolen.
  2. Lack of Intent:
    • If you did not intend to deprive the owner or conceal the property, you may not be guilty.
    • Example: You held an item temporarily, planning to return it to its owner.
  3. False Accusations:
    • Charges may stem from misunderstandings or false claims, such as disputes with others involved in the theft.
    • Example: Someone falsely accused you of receiving stolen goods to deflect blame.
  4. Property Value Dispute:
    • If the property’s value is $950 or less, a felony charge may be reduced to a misdemeanor.
    • Example: The prosecution overestimates the value of stolen electronics.
  5. No Possession:
    • If you did not have control over the property (e.g., it was in a shared space), you may not be guilty.
    • Example: Stolen items were found in a roommate’s possession, not yours.
  6. Legal Ownership or Claim:
    • If you believed you had a legal right to the property, you may not be guilty.
    • Example: You took property you thought was rightfully yours in a business dispute.

At Rogers | Beltran LLP, our Los Angeles receiving stolen property lawyers will thoroughly investigate your case to identify the most effective defense strategy for your situation.

Potential Penalties for Receiving Stolen Property Convictions in California

Penalties for PC § 496 convictions depend on the charge, property value, and your criminal history. As of July 2025, potential consequences include:

Misdemeanor Receiving Stolen Property (PC § 496(a))

  • Jail Time: Up to 7 months in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with community service or restitution.
  • Restitution: Payment to the victim for the value of the stolen property.

Felony Receiving Stolen Property (PC § 496(a))

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $5,000 (plus fees).
  • Probation: Formal probation with conditions like restitution or community service.
  • Felony Record: Impacts employment, housing, and professional licenses.

Additional Consequences

  • Employment Challenges: A conviction can limit job opportunities, especially in roles involving trust or finances.
  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Professional License Impacts: Affects licenses for professions like accounting, real estate, or law.
  • Civil Lawsuits: Victims may sue for damages, increasing financial liability.

What Else Should You Know About Receiving Stolen Property Charges in Los Angeles?

Receiving stolen property charges can significantly impact your life, especially in Los Angeles’s strict enforcement environment. Here are additional details to understand:

The Receiving Stolen Property Process in Los Angeles

  1. Investigation: Police may investigate based on recovered stolen items, tips, or surveillance footage. Charges often arise from sting operations or related theft investigations.
  2. Arrest and Booking: You may be arrested and booked, potentially released on bail or your own recognizance.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges (e.g., from felony to misdemeanor) or result in diversion programs.
  4. Diversion Programs: For first-time misdemeanor charges, programs like judicial diversion (PC § 1001.95) may dismiss charges upon completion of community service or restitution.

Why You Need a Los Angeles Receiving Stolen Property Attorney

Navigating PC § 496 charges requires legal expertise due to complex evidence and sentencing options. An experienced attorney can:

  • Challenge the prosecution’s evidence, such as proof of knowledge, to seek dismissal or reduction of charges.
  • Negotiate plea deals or diversion to avoid convictions.
  • Represent you in court to protect your rights and future.
  • Minimize impacts on your employment or immigration status.

At Rogers | Beltran LLP, our Los Angeles receiving stolen property defense attorneys have a proven track record of helping clients mitigate the consequences of these charges.

How to Protect Yourself After a Receiving Stolen Property Charge

  1. Do Not Admit Guilt: Avoid discussing the case with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep receipts, communications, or witness information that support your defense (e.g., proof you purchased the item legally).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or diversion programs.
  4. Comply with Court Orders: Follow bail or pre-trial conditions to avoid additional penalties.

Los Angeles-Specific Considerations

  • Urban Environment: Los Angeles’s busy markets, pawn shops, and online platforms (e.g., Craigslist) increase the risk of unknowingly receiving stolen goods, providing defense opportunities.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Hollywood Courthouse, each with unique procedures.
  • Police Enforcement: LAPD actively investigates property crimes, using tools like sting operations or surveillance, which can be challenged for procedural errors.

Contact Rogers | Beltran LLP for Expert Receiving Stolen Property Defense in Los Angeles

A California receiving stolen property charge under PC § 496 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles receiving stolen property attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.