Can I Be Charged for Possessing Stolen Property in California?

Being accused of possessing stolen property can be overwhelming and confusing, especially if you did not steal anything yourself. Many people are surprised to discover that simply having stolen property in their possession can lead to criminal charges in California. Whether you purchased the item, borrowed it, or received it unknowingly, it is important to understand your legal rights and options. Continue reading and work with a skilled Tehama County theft lawyer for more information and legal assistance today.

Can I Be Charged for Possessing Stolen Property in CA?

Yes, you can be charged with a crime for possessing stolen property even if you were not involved in the original theft. This is outlined in California Penal Code 496 which states that “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 so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained…” is guilty of receiving stolen property.

Prosecutors do not have to prove that you stole the item, only that you knowingly possessed stolen property. Suppose you were gifted a necklace from a friend and were given no insight into where they got it or how they paid for it. There would be no reason for you to know or suspect that it was stolen. Therefore, you do not meet the criteria for this offense. However, if your friend gives you the necklace and says or implies that they obtained it illegally, you can be charged. The law states that you can be found guilty if you knew or reasonably should have known that the property was stolen.

What Are the Penalties for Possession of Stolen Property in CA?

If you are convicted of possessing stolen property in California, the penalties you incur will vary depending on the specific circumstances of the offense. Receiving or possessing stolen property is a wobbler, meaning it can be treated as either a misdemeanor or a felony.

In most cases, if the value of the property does not exceed $950, you will be charged with a misdemeanor and can face imprisonment in county jail for up to one year and fines of up to $1,000. If the value of the property exceeds $950 or if you had the intent to sell the property, you can be charged with a felony and face 16 months, 2 years, or 3 years of imprisonment and fines of up to $10,000. It’s worth noting that a misdemeanor or felony conviction can result in summary or formal probation instead of jail time, depending on the situation.

If you are facing charges for possession of stolen property in California, seek legal representation immediately to protect your rights and explore potential defenses. Contact a skilled lawyer today to discuss your case.