Buying a used designer bag from an online marketplace, picking up a bike from a neighbor, or holding onto a friend's electronics can seem harmless. But if that property turns out to be stolen, you could face a criminal charge in Corona Del Mar even if you never took anything yourself. The good news is that California law does not punish people for innocently possessing stolen goods. The prosecution has to prove you knew, and that requirement is often where the strongest defenses begin.
What Is Receiving Stolen Property Under California Law?
Penal Code 496 makes it a crime to buy, receive, conceal, sell, or withhold property that you know was stolen or obtained by extortion. To convict you, prosecutors must prove:
- The property was stolen
- You bought, received, concealed, sold, or withheld it (or helped someone else do so)
- You knew the property was stolen at the time you acted
- You had possession or control of the property
If you did not know the item was stolen, you did not commit this crime. However, if you learn it was stolen and then keep or hide it, a charge may still apply.
How Do Prosecutors Try to Prove You Knew?
Few people admit they knew something was stolen, so prosecutors usually rely on circumstantial evidence. They may point to:
- A price far below the item's real value
- Missing or altered serial numbers
- A sale made in unusual circumstances, such as a parking lot at night or with cash only
- A seller with no receipt, packaging, or explanation for how they got the item
- Inconsistent statements you made to police
None of these facts proves guilt on its own. Plenty of honest buyers find great deals online. An attorney can present the full context, such as normal resale pricing, your purchase history, or messages showing the seller's believable story.
What Are the Penalties in Corona Del Mar?
The penalties depend largely on the value of the property:
- $950 or less: Typically a misdemeanor, punishable by up to one year in county jail
- More than $950: A "wobbler" that can be charged as a misdemeanor or felony, with a felony sentence of up to three years
Recent changes under Proposition 36 allow prosecutors in some cases to combine the value of property from multiple incidents, which can push a charge into felony territory. Stolen vehicles are handled under a separate statute, Penal Code 496d. Victims can also file civil claims seeking up to three times their actual damages.
Are There Special Rules for Businesses?
Yes. Pawn shops, secondhand dealers, and certain collectors must make reasonable inquiries to confirm a seller has the legal right to sell the item. If they fail to do so, the law presumes they knew it was stolen. Business owners in Corona Del Mar and throughout Newport Beach should take this rule seriously.
What Defenses Can Apply?
Common defenses to receiving stolen property charges include:
- Lack of knowledge: You reasonably believed the seller owned the item
- No possession: You never had control over the property
- Intent to return: You held the item only to give it back to the owner or police
- Already charged with the theft: You generally cannot be convicted of both stealing and receiving the same property
Learn more about our approach to theft crimes defense. If you have an older conviction, you may also qualify for relief under Prop 47 or an expungement.
Speak With a Corona Del Mar Theft Defense Attorney
A receiving stolen property charge can damage your reputation and career, especially if it is filed as a felony. Attorney Michael L. Fell is a California Board Certified Criminal Law Specialist who knows how to challenge weak knowledge evidence and negotiate for dismissals or reductions. Call Law Office of Michael L. Fell at (949) 585-9055 today for a free consultation.