CALIFORNIA PENAL CODE 496D PC – RECEIVING A STOLEN VEHICLE

Under California Penal Code § 496d PC, it is illegal to buy or receive a stolen vehicle. This offense is committed if you knowingly purchase or receive a stolen vehicle, or if you knowingly sell or withhold a stolen vehicle. Violating this law is considered a felony, and if convicted, you can face a maximum punishment of up to three years in state prison.

California Penal Code 496D states that: (a) Every person who buys or receives any motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code, that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any motor vehicle, trailer, special construction equipment, or vessel from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or a fine of not more than ten thousand dollars ($10,000), or both, or by imprisonment in a county jail not to exceed one year or a fine of not more than one thousand dollars ($1,000), or both.

(b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=496d.

WHAT ARE THE ELEMENTS OF CRIME?

To successfully convict an individual under California Penal Code 496d, the prosecutor must establish the following elements of the crime:

• The accused either purchased or received a motor vehicle, trailer, special construction equipment, or vessel, or
• The accused concealed, sold, or withheld a motor vehicle, trailer, special construction equipment, or vessel, and
• At the time of the action, the accused knew that the motor vehicle, trailer, special construction equipment, or vessel was stolen.

The term “special construction equipment” refers to any vehicle primarily used off the highways for construction purposes and requires a permit to be moved over public highways.

The term “vessel” encompasses ships, steamboats, steamships, canal boats, barges, sailing vessels, and any structure designed for transporting merchandise or persons via navigation.

EXAMPLE

John agrees to purchase a used car from Sam for $2,000. Sam tells John that the car is in good condition and has never been involved in any accidents. John does not ask any further questions and purchases the car from Sam.

Two weeks later, John is pulled over by the police for a routine traffic violation, and upon further investigation, it is revealed that the car he is driving was reported stolen three months ago. John claims that he had no idea that he was driving a stolen vehicle and thought everything was legitimate when he purchased it from Sam.

However, in this situation, the prosecution can charge John under California Penal Code 496d PC for receiving a stolen vehicle as he knew or should have known that the car he bought from Sam was stolen. By purchasing the car, John facilitated the handling of stolen property and can be convicted under this law.

PENALTIES, PUNISHMENT, AND SENTENCING

Violation of Penal Code 496d is considered a wobbler offense in California. This means that the district attorney has the discretion to charge it as either a misdemeanor or a felony, depending on the circumstances.

If charged as a misdemeanor, the consequences may include up to a year in county jail and/or a fine of up to $1,000.5.

On the other hand, if charged as a felony, the penalties could result in a prison sentence of up to three years and/or a maximum fine of up to $10,000. It’s crucial to understand the potential severity of the charges and seek appropriate legal guidance to navigate through the legal process.

DEFENSES

Three effective defenses against charges under California Penal Code 496d PC – Receiving a Stolen Vehicle include:

Claim of Lack of Knowledge: Arguing that you were unaware that the vehicle or property was stolen is a robust defense, as it is challenging for the prosecution to definitively prove what was in your mind at the time of the transaction. The burden is on the prosecution to establish beyond a reasonable doubt that you had criminal intent, which becomes difficult given the invisibility of your state of mind. If it can be demonstrated that the prosecution lacks sufficient evidence to convince a jury that you were aware the vehicle was stolen, they may consider dropping the case.

Accidental Circumstances: Defending that the incident was accidental can be a valid defense as long as there was no criminal intent, no criminal negligence, and you were lawfully engaged at the time of the incident. It is not uncommon for individuals to unknowingly purchase stolen vehicles from seemingly legitimate sellers. If prosecutors recognize that the situation was a genuine accident, they may opt to dismiss the charge.

Unlawful Search and Seizure: Challenging the legality of the police search and seizure is another defense strategy. In California, law enforcement must have a warrant or a valid legal reason to search and seize property. If the police obtained the vehicle through illegal means, defense attorneys can request the judge to suppress the vehicle as evidence. If successful, this may leave the prosecution with insufficient evidence to proceed with the case.

IMMIGRATION CONSEQUENCES

If someone is charged under California Penal Code 496d PC – Receiving a Stolen Vehicle, the immigration consequences can be severe. This offense is considered a crime involving moral turpitude (CIMT), which can trigger deportation or removal proceedings for non-citizens, including those with lawful permanent resident status.

Additionally, a conviction can adversely affect future applications for immigration benefits, such as naturalization, adjustment of status, or visa renewals. The U.S. immigration laws impose strict penalties on individuals convicted of CIMTs, potentially barring them from re-entering the country if they travel abroad. Given the severe implications, it is crucial for non-citizens facing such charges to seek immediate legal advice from an attorney with expertise in both criminal and immigration law to explore potential defenses or alternatives that may mitigate these consequences.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Yes, a defendant can potentially get a conviction expunged under California Penal Code 496d PC – Receiving a Stolen Vehicle. Under California law, expungement is available for individuals who have been convicted of a crime and have successfully completed probation or served their sentence. The process involves filing a petition with the court, and if granted, the conviction is dismissed, which means the individual can legally state they have not been convicted of the offense in most situations.

However, certain conditions and exceptions apply. For instance, individuals who have been sentenced to prison are generally not eligible for expungement. It is advisable to consult with an expungement attorney to determine eligibility and to navigate the expungement process effectively.

RELATED CRIMES

There are four crimes related to buying or receiving a stolen vehicle. These are:

• receiving stolen property – PC 496a,
• auto theft with prior convictions – PC 666.5,
• grand theft auto – PC 487d1, and
• joyriding – VC 10851.

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

In every legal case, the individual circumstances play a significant role in determining the defenses available. Seeking the expertise of a knowledgeable attorney, such as Cyrus Tabibnia, can help in assessing your case thoroughly, identifying effective defenses, and advocating strongly on your behalf.

If you are facing accusations of receiving a stolen vehicle in California, it is vital to take prompt action and retain competent legal representation. With over 20 years of experience in criminal defense, Attorney Cyrus Tabibnia of Tabibnia Law Firm is a highly-rated attorney in Southern California. Contact us today to schedule a free case evaluation.