If you’ve been accused of possessing stolen property in California, you may be wondering what that means, the penalties you may be facing, and how you can best protect yourself. These charges are treated seriously, but not every situation will lead to a criminal conviction. Continue reading for more information and consult with a knowledgeable Contra Costa County theft lawyer for skilled legal assistance today.
Is Possessing Stolen Property a Crime in CA?
Yes, possessing stolen property is a crime in California, defined under Penal Code (PC) Section 496. This statute makes it a crime to buy, receive, conceal, sell, or withhold any property that has been stolen or obtained by extortion, knowing that the property was, in fact, stolen or extorted.
To prove a defendant is guilty of possessing stolen property, the prosecution must establish the following three essential elements beyond a reasonable doubt:
- Possession of property: The defendant must have had possession of property that was stolen or obtained through extortion. Possession can be actual, meaning having direct physical control, or constructive, meaning having control over the property, even if not physically holding it. Possession can also be shared among multiple people.
- Knowledge: The defendant must have known that the property was stolen or obtained by extortion at the time they received or possessed it. Knowledge may be proven through circumstantial evidence, such as suspiciously low prices or unusual transactions, from which a reasonable person would infer the property was stolen.
- The act: The defendant must have knowingly received, concealed, sold, or withheld the property from the owner. This covers various actions, including simply keeping the property. The prosecution does not need to prove the defendant was the person who originally stole the property. Instead, the crime is based on the knowing possession of the stolen goods.
This offense applies to physical goods like cars, electronics, and jewelry, as well as intangible property under certain circumstances. Many people believe only the thief can face legal consequences, but simply being in possession of the property can result in charges depending on the details of the situation.
What Are the Penalties for Possession of Stolen Property in CA?
In California, possession of stolen property is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony. The severity of your charges largely depends on the value of the property involved and your criminal history.
If the value of the stolen property is $950 or less, the charge is typically a misdemeanor. Misdemeanor penalties can include up to one year in county jail and/or a fine of up to $1,000.
If the value exceeds $950, or if you have prior theft-related convictions, the offense may be charged as a felony. A felony conviction is more serious, potentially resulting in 16 months, two years, or three years in state prison, in addition to substantial fines. Additionally, professional licenses may be revoked, and a felony record carries lasting consequences. An experienced attorney is crucial for navigating these serious penalties, so reach out to a legal professional at O’Connor Law APC today.
