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Receiving Stolen Property in San Diego: Defenses Based on Knowledge and Value Thresholds

By San Diego Attorney on November 5, 2025

Being charged with receiving stolen property in California can be a shock, especially if you were unaware the item in your possession was stolen. This offense can be prosecuted as either a misdemeanor or felony depending on the value of the property and whether the person knew or should have known the goods were stolen.

If you are facing these allegations, you will want to speak with an experienced San Diego theft crimes lawyer right away. At jD Law Criminal Defense Attorneys, we build strategic defenses for our clients.

What Is Receiving Stolen Property Under PC 496?

California Penal Code § 496(a) makes it a crime to “buy, receive, conceal, sell, or withhold” any property that you know has been stolen or obtained by extortion.

To convict someone, the prosecution must prove:

1. The property was actually stolen;
2. The defendant received, sold, or concealed it; and
3. The defendant knew that the property was stolen at the time.

If you did not know the item was stolen, or the item’s value is below a certain threshold, you may have a strong defense.

How Much Does the Value of Stolen Goods Matter?

The value of the stolen goods determines whether the offense is a misdemeanor or felony, and it can influence plea negotiations and sentencing. In 2014, California voters passed Proposition 47, a criminal justice reform that reclassified certain theft crimes as misdemeanors when the value of the property is $950 or less.

Under Prop 47, receiving stolen property is a misdemeanor if:

• The value of the property is $950 or less, and
• The defendant does not have prior disqualifying convictions (such as for violent or serious felonies)

This is a significant protection for people who may have unwittingly purchased or accepted low-value items. However, when the stolen goods value exceeds $950, or the defendant has serious priors, the charge can be elevated to a felony.

Common Scenarios Leading to Charges

Many people are surprised to learn they are being charged with receiving stolen property. It is not uncommon for people to purchase used items online, from a friend, or at a pawn shop, only to later discover they were allegedly stolen. Law enforcement may trace an item’s serial number or receive reports from victims, leading to criminal investigations long after the original theft occurred.

Knowledge Defense in Receiving Stolen Property Cases

One of the most effective defenses under PC 496 is a knowledge defense. The law requires that you knew the property was stolen at the time you received or concealed it. Merely possessing stolen property is not enough for a conviction.

Factors that may support a knowledge defense:

• No suspicious circumstances around the sale or transfer
• Legitimate purchase from a known or reputable seller
• Lack of criminal history
• Return of property immediately upon learning it was stolen
• No evidence of intent to conceal or sell the item

If there is no direct evidence that you knew the item was stolen, the prosecution must rely on circumstantial evidence, and this can often be effectively challenged by your lawyer.

Case Example: Knowledge and Value Combined

Consider a person who buys a used smartphone on a local online marketplace for $200. Weeks later, law enforcement contacts them, alleging the phone was stolen from a vehicle.

Then there may be strong grounds for both a knowledge defense and a value-based reduction to a misdemeanor, or even dismissal, if:

• The phone was purchased at fair market value
• There was nothing suspicious about the seller or the condition of the phone
• The buyer cooperates and returns the property

Does It Help to Return the Property?

Yes. While returning stolen property does not automatically dismiss charges, it can show:

• Good faith
• Lack of criminal intent
• Willingness to cooperate

Prosecutors may be more open to reducing charges, offering pretrial diversion, or allowing deferred entry of judgment when property is returned voluntarily and early in the process.

More Legal Defenses Your Lawyer Can Use

In addition to knowledge and value-based defenses, your attorney may raise other strategies depending on the facts:

Mistaken Identity

You may have been wrongly identified as the recipient of the stolen item, especially in cases involving online transactions or third-party handoffs.

Lack of Actual Theft

If the original owner is mistaken or dishonest, the property may not have been truly stolen under the law.

Violation of Constitutional Rights

If police found the item during an illegal search (e.g., without a warrant or probable cause), your lawyer may file a motion to suppress evidence under California law.

Legal Penalties for Theft

• Misdemeanor
  • Penalty: Up to 1 year in county jail
  • May include probation and fines
  • Eligible when the value of the stolen property is $950 or less
  • Defendant must not have disqualifying prior convictions (such as violent or serious felonies)
• Felony
  • Penalty: 16 months, 2 years, or 3 years in county jail
  • May also include formal probation or prison time
  • Often leads to a permanent felony record with long-term consequences

Pretrial Diversion and Alternative Resolutions

For first-time offenders, San Diego courts may offer pretrial diversion programs, where the defendant completes classes, community service, or restitution in exchange for a dismissal.

This is especially common in misdemeanor PC 496 cases involving:

• Students or young adults
• Online or peer-to-peer purchases
• Immediate return of property

Alternative resolutions like deferred entry of judgment (DEJ) are often available. This allows a defendant to avoid formal conviction by completing certain requirements, which may include probation or community service.

How We Can Help

Allegations of receiving stolen property can arise from simple misunderstandings, low-value transactions, or bad luck. Without skilled representation, you could end up with a criminal conviction that impacts your job, housing, and future.

At jD Law Criminal Defense Attorneys, we understand the law from both sides. Attorney James N. Dicks is a Certified Criminal Law Specialist and former LAPD investigator who brings more than 30 years of courtroom and law enforcement experience to every case. We aggressively pursue dismissals, negotiate favorable pleas, and fight for our clients’ rights at every step.

Speak With an Experienced Criminal Defense Lawyer in San Diego

If you are being investigated or have been arrested for receiving stolen property, you need immediate legal counsel. Your intent, the property’s value, and how you respond now can make all the difference.

Call (760) 630-2000 to schedule your free consultation today.

Let James N. Dicks, fight to protect your future.