Buy Or Receive Stolen Property
Dan Koukol is a criminal defense lawyer successfully defending cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas, for more than 25 years.
If you are charged with buying or receiving stolen property, you need an attorney who:
- Understands the intricacies of the charges you are facing.
- Is familiar with the alternatives to a conviction.
- Is often able to obtain outcomes involving restitution, community service, and theft-awareness classes instead of jail.
- Understands how to structure outcomes so you can clean up your record.
I have represented hundreds of clients and my experience as a criminal defense attorney handling cases in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis for more than 25 years allows me to get to the best outcome possible in your case.
If you are facing these or other charges, call me at (530) 823-5400 to set up a free consultation.
Charge | Description | Severity | Sentence Range With Probation | Sentence Range Without Probation |
Penal 496(a) | Buy or receive stolen property | Felony | 0 to 365 days | 16m, 2y or 3y |
Penal 496(a) | Buy or receive stolen property | Misdemeanor | 0 to 365 days | 0 to 365 days |
You may be held liable for this offense if you knowingly buy, sell, receive, conceal, or withhold stolen property. If you knowingly receive stolen property from the thief (or from someone who had received it from the thief).
Buying or receiving stolen property is a wobbler (meaning it can be charged either a felony or a misdemeanor depending on the circumstances of the crime and your criminal record) and is not a strike.
Burden of ProofIn order to convict you of this offense, the prosecutor must prove that:
- The property was stolen,
- You received the stolen property,
- You knew the property was stolen.
In order to convict you of this offense on multiple counts, the prosecutor must prove that:
You “received” the property at separate times.
Legal DefensesAlthough the specific legal defenses that apply to your case will vary, some of common defenses include (but are not limited to):
- You did not know the property was stolen.
- You believed you had a right to the property.
If you decide you cannot successfully defend against the charge, and you need to enter an admission to settle your case, you will want to:
- Carefully negotiate the offense you admit to.
- Negotiate to avoid jail, replacing it with treatment.
- Make arrangements, in advance, to clean up your criminal record as soon as possible.
If you are facing these or other charges, I can help. Call me at (530) 823-5400 to set up a free consultation.