Receipt or Possession of a Stolen VehicleCalifornia Penal Code Section PC 496D(a)
What is possession of a Stolen Vehicle in California?
This charge is fairly straightforward as you can imagine. If you’re unlawfully in possession of a stolen vehicle, you can be charged under this statute. This is almost always charged alongside California Vehicle Code Section 10851(a), Vehicle Theft. This charge is very similar, but there are some key differences that allow prosecutors to charge someone with both at the same time.
Because of how serious the penalties for a conviction are and how complicated proving and defending against this crime is, anyone charged with Criminal Threats in California should seek attorneys like the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.
Elements of Possession of a Stolen Vehicle in California:
The Prosecution bears the burden of proving all elements of a charge beyond a reasonable doubt in a criminal case. To convict someone under California Penal Code Section PC 496D(a), the prosecution must prove that you:
– Bought or received or otherwise obtained a vehicle that had been stolen, or
– Aided someone in obtaining, concealing, selling, or withholding a vehicle that had been stolen, and in either case:
– Knew that the vehicle was stolen (or obtained by theft or extortion).
It’s worth noting that ‘vehicles’ can include things like trailers, motorcycles, etc., and is not limited specifically to cars.
Penalties and Consequences
This charge, like Car Theft – California Vehicle Code Section 10851(a), or California Penal Code Section 496A(a) – Receipt of Stolen Property, is a ‘wobbler’, meaning that it can be charged as either a felony or a misdemeanor. As a felony, the punishment for conviction can be up to 16 months, 2 years, or 3 years. As a misdemeanor, the punishment can be up to 1 year. Both sentences for felonies and misdemeanors can be served in local county jails, which means that they could be expunged later on.
It is a common misconception, even among many prosecutors, that this charge requires proof of value of the vehicle exceeds $950 in order for it to be charged as a felony, like Vehicle Code Section 10851(a) – Car Theft. However, this statute does not require value to be proven to convict someone under this charge as a felony.
Proposition 47, the Safe Neighborhoods and Schools Act, amended several statutory provisions to reduce certain criminal offenses from felonies to misdemeanors. Proposition 47 amended section 496, the general statute that criminalizes receipt of stolen property, by making the offense a misdemeanor whenever the value of the property does not exceed $950. (§ 496, subd. (a) (§ 496(a)).) But Proposition 47 did not amend section 496d. A good defense firm can help convince the prosecution or the court that a misdemeanor would be more appropriate however. Former prosecutors can leverage their experience and relationships with the DA’s or City Attorneys to argue to get their clients in the best possible position.
“The Supreme Court concluded that Proposition 47 applies to certain violations of Vehicle Code section 10851 because of the broad, preemptive language of section 490.2. Yet, Proposition 47 did not enact similar language in the context of receiving stolen property. Thus, Page does not provide support for Orozco’s claim regarding section 496d, subdivision (a).”
People v. Orozco, 24 Cal.App.5th 667, 674 (Cal. Ct. App. 2018)
Defenses and Strategies
There are a number of possible defenses depending on the specific circumstances of your case. There is no such thing as a one-size-fits-all defense in criminal law, unfortunately. That’s why it’s so important to have an experienced team of attorneys review your case facts and your circumstances to evaluate any possible defenses that might apply in your situation. For example,
Permission to use:
If you were given permission to use the vehicle, as long as you have not exceeded the scope of the permission given (i.e., if you were given permission to drive to the store and you were on your way to the grand canyon, you would have exceeded the scope of permission granted), you could have a valid defense to these charges.
Mistaken Identity:
If the police have mistakenly arrested the wrong person, you would have a valid defense to the charge of car theft under VC10851. The prosecution must prove every element, including identity. Failure to do so would require dismissal of the charges.
Lack of Knowledge that the Vehicle was Stolen:
This charge requires the prosecution to prove that you knew the vehicle was stolen. You’re allowed to buy used cars, for example. If you bought a car from a friend but it turned out that the car was stolen, you could have a valid defense to the charge. However, it’s worth keeping in mind that just saying you bought the car from someone else is common for defendants charged with Possession of a Stolen Vehicle. Prosecutors and courts will look for evidence to support this assertion, and the lack of that evidence can be used against you. For example, purchasing a car without records of a bank withdrawal, DMV paperwork, a bill of sale, a copy of the vehicle listing, or the seller’s contact information is likely to raise a few red flags.
Related Cases
California Vehicle Code Section VC10851(a) – Car Theft
California Penal Code Section 496A(a) – Possession of Stolen Property
Hire Gomez, Radford, & Rome if you’re charged with violating California P.C. 496D(a)
Because Possession of a Stolen Vehicle can be charged as a serious felony, it’s highly advisable that you retain counsel immediately when you’re charged under this statute. The Law Firm of Gomez, Radford, & Rome has a wealth of experience handling charges like this. All of our attorneys are former prosecutors with government trial experience and training. We have good relationships with prosecutors and judges all across Southern California that helps us get the best results for our clients. Trying to fight complicated cases like this on your own without years of experience and legal training is a recipe for disaster, and when your freedom is on the line you need a team you can trust on your side of the courtroom to fight back against the government. Don’t wait, visit our office or call today for a free consultation.