Receiving stolen property is a serious charge in California. Prosecutors in Riverside and San Bernardino Counties often file this crime when they believe someone knew — or should have known — that an item was stolen. These cases can be misunderstandings, bad assumptions by police, or situations where someone bought something without knowing its history.

My goal is to protect your record, avoid jail, and challenge the evidence from the very start.

Under Penal Code § 496, it is a crime to:

• Buy,
   
• Receive,
   
• Possess,
   
• Sell, or
   
• Help conceal
   

property knowing that it was stolen.

The key issue in these cases is knowledge — whether you knew, or should have known, the property was stolen.

Receiving stolen property is a wobbler, meaning the DA can file it as either:

• Property worth under $950
   
• Up to 1 year in county jail
   
• Fines, probation, restitution
   

• Property over $950,
   
• Prior theft convictions, or
   
• The DA believes the conduct was serious
   

Felony penalties can include:

• Up to 3 years in county jail
   
• Formal probation
   
• Significant fines and restitution
   

A strong defense early on can influence whether the case gets filed as a felony.

I frequently defend receiving stolen property cases involving:

• Buying items online or on apps (OfferUp, Facebook Marketplace, Craigslist)
   
• Borrowing items that turn out to be stolen
   
• Possession of property from friends or roommates
   
• Pawn shop or resale shop misunderstandings
   
• Cars with mismatched VINs or questionable paperwork
   
• People unknowingly holding items someone else stole
   

Many cases rely on assumptions—not facts.

Depending on misdemeanor or felony filing, penalties may include:

• Jail time (1 year misdemeanor / up to 3 years felony)
   
• Probation
   
• Fines
   
• Restitution
   
• Immigration consequences
   
• Civil liability
   

Diversion or reduced charges are often possible for first-time offenders.

• You did not know the property was stolen
   
• Reasonable explanation for possession
   
• You relied on the seller’s documentation
   
• Insufficient or unreliable evidence
   
• The property wasn’t actually stolen
   
• You were simply present, not in control of the item
   
• Illegal search or seizure by police
   

The prosecution must prove knowledge—which is often the weakest part of the case.

If you’re accused of receiving stolen property, contact The Law Office of Lincoln Ho’o for immediate help and a clear, strategic defense plan.