Receiving Stolen Property (Penal Code 496)

Penal Code 496 covers buying, receiving, concealing or withholding property that has been stolen, knowing it was stolen. It frequently appears where someone was found with property rather than taking it — which is why it so often accompanies, or replaces, a theft charge.

Felony or misdemeanour: value is the hinge

PC 496 is a wobbler. Proposition 47 (2014) reshaped this area: for most cases where the value of the property does not exceed $950, the offence is charged as a misdemeanour, subject to exceptions including certain prior convictions. Above that threshold, or where an exception applies, it may be charged as a felony.

The practical consequence for bail is large, because the schedule treats felonies and misdemeanours very differently, and because a misdemeanour usually defaults to release on a notice to appear under Penal Code 853.6 — see cite and release.

The knowledge element, and why the amount can look odd

The statute requires that the person knew the property was stolen. That is a question for the case, not for the bail counter — the bail figure is set from the charge as booked, before anyone evaluates the evidence. This is the most common reason a family looks at an amount and feels it does not match the situation. It is not a judgement about guilt; it is a schedule lookup. See how bail schedules work.

Vehicles are their own subdivision

PC 496d deals specifically with receiving a stolen motor vehicle, and is commonly charged alongside or instead of vehicle theft under VC 10851.

Counts stack

Where property from several sources is involved, multiple counts may be charged, and counts stack on the bail schedule. Where the allegation extends to an ongoing operation, additional and more serious charges may follow. Related: theft and shoplifting, burglary, fraud and forgery.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required before release in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

The process around it

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, then our Orange County and Los Angeles County jail guides, and find an inmate.

Neither county’s Superior Court publishes a public city-by-city table assigning criminal cases to courthouses. The release paperwork names the courthouse, date and time, and it governs — see understanding your release paperwork and all courthouses.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, not by the arresting agency, and bail schedules are revised annually. Always confirm current details with the facility, the court, or a criminal defence lawyer. California bail license 1841014.