San Diego Attorney for Receiving Stolen Property | The Law Offices of Michael E. Cindrich

Receiving stolen property is a criminal charge that arises when an individual is alleged to have knowingly acquired or possessed property that has been stolen. This offense can occur when items were obtained unlawfully by another party and later transferred to the accused, either through purchase, trade, or as a gift.

San Diego Attorney for Receiving Stolen Property Charges

Accusations of receiving stolen property can blindside you, especially if you had no idea the property was stolen. Usually, this lack of knowledge is enough for a simple dismissal, but if the gift was from a family member, the police might be much less likely to believe you and insist on pressing charges. If you have been charged with receiving stolen property, you need to contact an experienced attorney immediately.

Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving the receipt of stolen property. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, El Cajon, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Receiving Stolen Property in California

The primary law governing receiving stolen property in California is California Penal Code Section 496(a). This law makes it illegal to buy, receive, sell, conceal, or withhold property that has been stolen or obtained through theft or extortion. For someone to be convicted, they must have known that the property was stolen at the time they received or handled it, or the average person must have been able to reasonably ascertain that the property was stolen.

Shared Possession

Shared possession or control of stolen property can complicate cases under Penal Code Section 496(a). A person does not need to physically hold the property to be considered in possession. For example, roommates or business partners can be accused if they have the right to control stolen goods, even if they are unaware of the stolen nature. This includes landlords who have rentors that hold stolen property.

What Does a Jury Consider for a Guilty Verdict?

To convict someone under California Penal Code Section 496(a), the prosecution must prove the following elements beyond a reasonable doubt:

The property was stolen or obtained through theft or extortion: The prosecution must show that the property in question was taken illegally.
The defendant knew the property was stolen: This element requires evidence that the defendant was aware of the stolen nature of the property when they received, sold, or concealed it.
The defendant took possession or control of the property: The defendant must have exercised some form of control or authority over the stolen goods.

In cases where the value of the property is in question, the jury must also decide whether the stolen items were worth more than $950 to determine if the offense is a misdemeanor or felony. The worth of the stolen goods are determined by the goods fair market values at the time of the theft.

Related Offenses to Receiving Stolen Property

Lesser included offenses to receiving stolen property may involve crimes that require fewer elements to prove or focus on different aspects of the defendant’s conduct. Some examples include:

Attempted Receiving Stolen Property: This applies when someone takes actions toward receiving stolen property but does not actually take possession of it.
Theft (Penal Code Section 484): If a defendant is accused of participating in the theft rather than simply receiving the stolen goods, they may face theft charges instead.
Theft by Appropriation of Lost Property (Penal Code Section 485): This charge may apply if someone takes possession of lost property without intending to return it to the rightful owner.

Penalties for Receiving Stolen Property Charges in California

The penalties for receiving stolen property under California Penal Code Section 496(a) depend on the value of the stolen property and the defendant’s criminal history.

Misdemeanor Charges: If the value of the stolen property is $950 or less, the offense is typically charged as a misdemeanor. Penalties include up to one year in county jail and fines up to $1,000.
Felony Charges: If the value of the stolen property exceeds $950, or if the defendant has prior convictions for specific serious offenses (as defined in Penal Code Section 667(e)(2)(C)(iv)), the offense is charged as a felony. Penalties include: 16 months, two years, or three years in county jail under California’s realignment laws, and fines up to $10,000.

The court may also impose additional penalties, such as restitution to the victim, probation, or mandatory community service. The specific sentence depends on the circumstances of the case and the defendant’s prior criminal record.

Examples of Receiving Stolen Property

Misdemeanor: A person buys a used smartphone at a garage sale for $100, later finding out it was stolen. If they suspected or should have reasonably suspected the phone was stolen but purchased it anyway, they could face misdemeanor charges.

Felony: A pawnshop owner accepts several high-value electronics worth $2,000 without verifying the seller’s right to sell them. If the owner knew or ignored clear signs that the goods were stolen, they could face felony charges.

Swap Meet Vendor: A vendor purchases items in bulk from a seller offering unusually low prices and fails to make reasonable inquiries about the legality of the items. The vendor could be charged under Penal Code Section 496(b) if the goods are stolen.

FAQ

“What if I didn’t know the property was stolen?”
Knowledge is a key element of theft charges, but only if a reasonable person could not know the property was stolen.

“Can I be charged if I was only holding the property for someone else?”
Possession and control are sufficient for a charge, even if the ownership is disputed.

“What if I tried to return the stolen property?”
If the intent to return or report the property was genuine, it may be a defense under CALCRIM No. 1751.

“Is buying from a suspicious seller enough to charge me?”
Failure to make reasonable inquiries about suspiciously cheap goods can lead to charges under Penal Code Section 496(b), particularly for vendors or professionals.

Additional Resources

California Penal Code Section 496: Receiving Stolen Property
This official California State Legislature resource provides the full text of California Penal Code Section 496, outlining the laws and penalties for receiving stolen property. Readers can learn about what constitutes this offense, the distinctions between misdemeanors and felonies, and related legal consequences.

National Stolen Property Act Overview and Definitions
This U.S. Department of Justice archive discusses the National Stolen Property Act, focusing on how the value of stolen property is determined under federal law.

Operation Boiling Point: Homeland Security’s Response to Organized Retail Crime
Hosted by the U.S. Department of Homeland Security, this page describes Operation Boiling Point, an initiative targeting organized theft groups (OTGs) involved in retail crime, cargo theft, and related activities. It explains the economic and societal impact of these crimes and Homeland Security’s strategies for addressing them.

Property Stolen and Recovered Statistics (FBI)
This FBI Uniform Crime Reporting resource presents 2019 data on stolen and recovered property in the U.S., broken down by type and value. Readers can explore trends in property crime, including recovery rates for specific items like motor vehicles, firearms, and electronics, and the overall impact on communities.

Hire an Attorney for Receiving Stolen Property Charges in San Diego County, CA

Contact Michael Cindrich today for a free consultation at (619) 262-2500.