Yes, you can go to jail for buying stolen goods if prosecutors can prove that you knew—or reasonably should have known—that the items were stolen before purchasing them. You could even face legal consequences if you unknowingly buy something that turns out to be stolen.
The aftermath of a situation like this can be far more serious than many people realize. What might feel like an innocent purchase—especially if the price point seemed too good to pass up—can quickly spiral into a criminal investigation.
This often comes with a lot of uncertainty, not to mention stress. Even if you didn’t know the item was stolen, law enforcement might still question your role in the transaction.
However, you’re not automatically guilty, and a Burbank criminal defense lawyer can help.
California Law on Receiving Stolen Property
The California state law that pertains to stolen property offenses is called California Penal Code §496. According to this law, it’s illegal to buy, receive, sell, conceal, or withhold property that is either stolen or obtained through theft and extortion.
To secure a conviction under this law, the prosecution must prove that these three elements are true in your case:
- The property was stolen.
- You bought, received, sold, or aided in concealing the stolen property.
- You knew the property was stolen at the time of the transaction.
The third element—known as knowledge—is often a rather contested issue. Simply possessing stolen goods is not enough on its own to result in a conviction.
Prosecutors must show that the buyer either actually knew or reasonably should have known that the items were stolen. This is something that your Burbank criminal defense attorneys can argue in your case.
For a free legal consultation, call (310) 896-2723
What Counts as “Knowledge” of Stolen Goods?
Because buyers rarely admit to knowing something was stolen, prosecutors often rely on circumstantial evidence. Certain facts and behaviors can suggest that the buyer knew—or should have suspected—that the property was stolen:
- Unrealistically low prices: Buying a high-value item—such as a luxury watch or costly electronics—for a fraction of its normal cost may suggest awareness that it was stolen.
- Suspicious circumstances of the sale: Transactions that are carried out quickly, in secret, or without documentation may raise red flags.
- Missing identifying marks: Serial numbers that have been scratched off or altered can indicate theft.
- Prior relationship with the seller: If the buyer knows the seller has a history of theft or shady dealings, this can be used as evidence of knowledge.
- Buyer’s statements or behavior: Any admissions, inconsistencies, or avoidance of questions can be used by prosecutors to show awareness.
California law also recognizes a term known as “constructive knowledge.” This means that even if the buyer denies actual knowledge, they can still be found guilty if a reasonable person in their position should have been able to suspect that the goods were stolen.
Penalties for Receiving Stolen Property
The severity of penalties depends on how much the stolen item was worth, as well as whether or not you have a history of criminal activity on your record.
Misdemeanor Charges
If it is determined that the stolen property was worth no more than $950, the offense will likely be charged as a misdemeanor under California state laws, particularly in regard to “wobbler” crimes. Potential penalties may include:
- One year or less in county jail
- Fines reaching upward of $1,000
- Restitution owed to the original owner of the stolen property
Felony Charges
If the stolen property is worth more than $950—or if the defendant has prior convictions—the offense may be charged as a felony, resulting in the following penalties:
- 16 months to three years in county jail under California’s realignment law
- Fines up to $10,000
- Probation with conditions, such as community service or counseling
In both misdemeanor and felony cases, restitution to the property owner is mandatory if the goods are not recovered.
Related Crimes
Buying or receiving stolen property is closely connected to other offenses under California state laws. These are examples of related crimes:
- Petty theft: This refers to taking property worth $950 or less.
- Grand theft: This entails taking property worth more than $950 as well as certain types of property, like cars or firearms.
- Burglary: This points to situations where the defendant enters a building with the intent to commit theft or a felony.
- Robbery: This describes the action of taking property directly from someone while using force or fear.
- Shoplifting: This involves entering a store during business hours with the intent to steal goods worth $950 or less.
These crimes are distinct, but in many cases, defendants face multiple charges if their conduct overlaps with theft or burglary.
Contact Our Burbank Criminal Defense Law Firm ASAP for More Info About Whether You Can Go to Jail for Buying Stolen Goods
Are you being investigated for buying stolen property? Is someone you care about facing charges for making an illegal purchase? No matter which situation applies to you, it’s likely that you’re feeling stressed, overwhelmed, and confused.
It wouldn’t surprise us to hear that you’re not sure about what to expect or how to respond to the allegations on your own, but that’s what we’re here for as your Burbank criminal defense lawyer.
At Simmrin Law Group, we have decades of experience representing thousands of clients.
As your Burbank criminal defense attorney, we will protect your legal rights, fight for a favorable outcome in your case, and do all we can to seek justice on your behalf.
We understand what’s at stake, and we’re here to defend your future. Call now to learn more.
Call or text (310) 896-2723 or complete a Free Case Evaluation form