What You Need to Know About Receiving Stolen Property in California
The California Penal Code defines receiving stolen property as buying, receiving, concealing, selling, or withholding any property you know has been obtained through theft or extortion. Here’s everything you need to know about California’s penalties and defenses for receiving stolen property.
Examples of Receiving Stolen Property in California
Circumstances potentially garnering a stolen property criminal charge in California:
- Assisting a friend or family member in hiding electronic devices stolen from a store;
- Purchasing jewelry knowing it was stolen property;
- Hiding stolen property in your garage
Related: Community Property Laws in California
Penalties for Receiving Stolen Property in California
Receiving stolen property in California is charged as a wobbler offense. A wobbler offense means a prosecutor can bring forth a criminal charge of receiving stolen property in California as a misdemeanor or a felony. A wobbler offense can result in up to 3 years in jail or a maximum fine of $10,000.
Defenses for Receiving Stolen Property in California
A defendant who faces a stolen property charge in California can put up a defense with the following claims:
- No prior knowledge the property was stolen
- No malicious intent
- Did not directly “receive” stolen property
Related: California Cohabitation Property Rights for Unmarried Couples
FAQs about Receiving Stolen Property in California
When does California consider property “stolen or extorted”?
California defines stolen property as obtained through theft, burglary, or robbery. A person can extort property if they obtained the property from another person with a person’s consent, but the accused uses force or fear to obtain the consent.
When does California consider property “received”?
When someone takes possession and control of the property, California considers it “received.” A person can possess property without ever holding or touching the property. More than one person can possess the property at the same time.
Can a criminal charge of receiving stolen property in California negatively impact immigration status?
California considers a conviction of receiving stolen property a crime involving a lack of moral integrity. The offense can result in a non-citizen being deported or marked as inadmissible in the immigration process.
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