Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Receiving a Stolen Vehicle

A receiving a stolen vehicle charge in San Diego often comes as a shock to people who never intended to steal a car and may have believed they were using or holding a vehicle lawfully. These cases frequently turn on whether a person knew the vehicle was stolen and whether they actually had control over it, issues that are rarely clear at the time of an arrest. Law enforcement and prosecutors often rely on assumptions and circumstantial evidence to draw conclusions about intent, which can place an accused person in a difficult and stressful position. The consequences of a conviction can be severe, including jail or prison time, substantial fines, and a criminal record that affects employment, housing, and immigration status.

San Diego Receiving a Stolen Vehicle Lawyer — California Penal Code § 496d

The Law Offices of Michael E. Cindrich, APC approaches these cases with careful attention to the facts and the law, drawing on extensive courtroom experience and Mr. Cindrich’s background as a former San Diego County prosecutor. The sections that follow explain what individuals need to know about Receiving a Stolen Vehicle charges, including key legal terms, potential penalties, available defenses, critical stages of the case, and the specific role of the San Diego receiving a stolen vehicle lawyer in protecting clients throughout the process.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and the city of San Diego.

For a free, confidential consultation, call (619) 262-2500.

Overview of Receiving a Stolen Vehicle in San Diego

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San Diego Laws for Receiving a Stolen Vehicle

Receiving a Stolen Vehicle — California Penal Code § 496d is the primary law used in California to charge someone with receiving a stolen vehicle. This statute applies when a person buys or receives a motor vehicle, trailer, special construction equipment, or vessel that has been stolen or obtained through theft or extortion, and the person knows the property was stolen or unlawfully obtained.

The statute covers more than simply buying or receiving a vehicle. California Penal Code § 496d also criminalizes concealing, selling, withholding, or helping another person conceal, sell, or withhold a stolen vehicle or covered item from its owner, as long as the person knows the property was stolen. A person does not need to drive the vehicle or claim ownership to be charged under this law.

California Penal Code § 496d allows the offense to be charged as either a felony or a misdemeanor. As a felony, the punishment may include imprisonment under California Penal Code § 1170(h) for 16 months, two years, or three years, and/or a fine of up to $10,000. As a misdemeanor, the maximum punishment is up to one year in county jail and/or a fine of up to $1,000.

The statute also limits the scope of certain property types. For example, under California Penal Code § 496d, special construction equipment and vessels must be motorized.

Receiving Stolen Property — California Penal Code § 496(a) is a general receiving stolen property law that can apply in some vehicle-related cases. It criminalizes buying, receiving, concealing, selling, or withholding property while knowing it was stolen or obtained through theft or extortion.

The offense may be charged as a misdemeanor or a felony. When the value of the property does not exceed $950 and the person does not have disqualifying prior convictions, it must be charged as a misdemeanor punishable by up to one year in county jail. When the value exceeds $950, or disqualifying priors apply, punishment may include up to three years of imprisonment under California Penal Code § 1170(h). The statute also bars conviction for both theft and receiving the same property.

Vehicle Theft and Post-Theft Driving — Vehicle Code § 10851 addresses driving or taking a vehicle without the owner’s consent and is often charged in the same cases as receiving a stolen vehicle.

The offense may be punished by up to one year in county jail or imprisonment under California Penal Code § 1170(h), and/or a fine of up to $5,000. In specified circumstances, it may be charged as a felony with two, three, or four years of imprisonment and fines up to $10,000.

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San Diego Jury Considerations in Receiving a Stolen Vehicle Cases

Knowledge the Vehicle Was Stolen — In San Diego receiving a stolen vehicle cases, juries are instructed under CALCRIM No. 1750. Jurors must find the defendant knew the vehicle was stolen or obtained by theft or extortion at the time of the conduct. California Penal Code § 496d requires actual knowledge, not mere suspicion. Circumstantial evidence, such as the vehicle’s condition or how it was acquired, may be considered.

Possession or Control of the Vehicle — CALCRIM No. 1750 explains that “receiving” stolen property requires possession or control, not just proximity. In San Diego cases, jurors are instructed that a defendant need not be driving the vehicle, but mere presence or access is insufficient. The jury must determine whether the defendant exercised control or had the right to control the vehicle.

Proof the Vehicle Was Stolen — Under CALCRIM No. 1750, jurors must also determine whether the vehicle was in fact stolen or obtained by theft or extortion. This element focuses on the status of the vehicle itself, not the defendant’s intent. In San Diego prosecutions, this is commonly shown through owner testimony or law enforcement records confirming the vehicle was reported stolen.

Timing of Knowledge and Conduct — CALCRIM No. 1750 requires that the defendant’s knowledge the vehicle was stolen exist at the time it was concealed, received, withheld, or sold. If the defendant learned the vehicle was stolen only after the alleged conduct, this element is not met.

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Defenses to Receiving a Stolen Vehicle Charges

Lack of Knowledge the Vehicle Was Stolen — The defense focuses on the absence of actual knowledge that the vehicle was stolen. California Penal Code § 496d and CALCRIM No. 1750 require proof of actual knowledge, not suspicion, mistake, or carelessness. The defense asserts the defendant reasonably believed the vehicle was lawfully owned, borrowed, or purchased, and that the surrounding circumstances support an innocent explanation rather than criminal awareness.

No Possession or Control of the Vehicle — The defense emphasizes that mere presence is insufficient under CALCRIM No. 1750, which requires possession or control. The defense position is that the defendant did not exercise dominion, authority, or the right to control the vehicle. Where the defendant was a passenger or merely nearby, the defense argues there was no possession or control as required by law.

Vehicle Not Proven to Be Stolen — The defense challenges whether the vehicle was, in fact, stolen within the meaning of the statute. The defense highlights issues such as owner consent, disputed ownership, or incomplete theft evidence. If the prosecution cannot establish that the vehicle was obtained by theft or extortion, the defense maintains the charge cannot stand.

Unlawful Search or Seizure — The defense asserts that evidence was obtained through a violation of constitutional protections. Where law enforcement lacked legal justification for a stop, detention, or search, the defense seeks suppression of all resulting evidence. Without unlawfully obtained evidence, the defense argues the case is legally and factually unsustainable.

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Role of a San Diego Receiving a Stolen Vehicle Attorney

Case Assessment and Early Strategy — A San Diego theft crime lawyer begins by analyzing police reports, vehicle records, and witness statements to determine whether prosecutors can prove knowledge and control. The lawyer evaluates how the vehicle was discovered, who reported it stolen, and whether consent issues exist, then builds an early strategy aimed at preventing overcharging.

Challenging Knowledge and Possession — The criminal defense lawyer focuses on the most contested elements in receiving a stolen vehicle cases: knowledge and possession. This includes exposing assumptions made by law enforcement, challenging circumstantial evidence, and showing when a client lacked control, authority, or awareness the vehicle was stolen.

Fighting Illegal Searches and Seizures — Many San Diego receiving a stolen vehicle cases begin with traffic stops or searches. The lawyer scrutinizes stops, detentions, and searches for constitutional violations and files motions to suppress evidence that was unlawfully obtained.

Negotiation and Courtroom Advocacy — If dismissal is not immediate, the attorney uses local courtroom experience to seek charge reductions, alternatives to custody, or to proceed to trial. Clear communication and focused advocacy help protect the client’s freedom and pursue the best possible outcome in San Diego receiving a stolen vehicle cases.

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Frequently Asked Questions

What is receiving a stolen vehicle in San Diego?
Receiving a stolen vehicle in San Diego means knowingly buying, possessing, concealing, or selling a stolen car or similar vehicle, typically charged under California Penal Code 496d as misdemeanor or felony.

Can someone be charged with receiving a stolen vehicle without stealing it?
Yes, receiving a stolen vehicle does not require stealing it; prosecutors must prove the person knew the vehicle was stolen when they possessed, controlled, concealed, or helped sell it.

Is receiving a stolen vehicle a felony or misdemeanor in San Diego?
Receiving a stolen vehicle is a wobbler in San Diego, meaning it may be charged as a misdemeanor or felony depending on evidence, criminal history, and prosecutorial discretion.

Can you go to jail for receiving a stolen vehicle in San Diego County?
Yes, a receiving a stolen vehicle conviction in San Diego County can lead to county jail or prison time, fines, probation, and long-term criminal record consequences.

Why should someone hire a San Diego receiving a stolen vehicle lawyer?
A San Diego receiving a stolen vehicle lawyer understands local courts, prosecutors, and charging practices, and can build defenses focused on knowledge, possession, and constitutional violations.

When should someone contact a lawyer for receiving a stolen vehicle charges?
Someone should contact a San Diego receiving a stolen vehicle lawyer immediately after arrest or investigation begins, before statements are made or evidence is lost.

How can a lawyer fight receiving a stolen vehicle charges in San Diego?
A lawyer may fight receiving a stolen vehicle charges by challenging knowledge, disputing possession or control, suppressing evidence, and negotiating reductions or dismissals with prosecutors.

Can a San Diego lawyer get a receiving a stolen vehicle charge reduced or dismissed?
A San Diego lawyer may seek dismissal or reduction of a receiving a stolen vehicle charge by challenging evidence, filing motions, negotiating with prosecutors, or showing weaknesses in proof of knowledge or possession.

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Resources

California Penal Code § 496d – Receiving a Stolen Vehicle (California State Legislature) — This statute explains the California offense of receiving, buying, selling, concealing, or withholding a stolen motor vehicle, trailer, vessel, or similar property. It outlines the requirement that the person knew the property was stolen and describes the possible punishment, including county jail, state prison, and monetary fines.

Vehicle Theft and Break-Ins (City of San Diego) — This resource explains how to report vehicle thefts and break-ins within the City of San Diego. It outlines when to contact emergency services, how to file non-emergency reports, what happens when a vehicle is recovered, and basic steps for prevention.

Auto Theft FAQs (San Diego County District Attorney) — This page provides answers to common questions about auto theft in San Diego County. It covers reporting stolen vehicles, prevention measures, insurance-related issues, cross-border theft situations, and how to submit tips anonymously.

San Diego County Regional Auto Theft Task Force (San Diego County District Attorney) — This page describes the San Diego County Regional Auto Theft Task Force and its mission to reduce vehicle theft. It explains the agencies involved, the types of crimes investigated, and how the public can provide information or tips.

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Hire a Defense Attorney for Receiving a Stolen Vehicle in San Diego County, CA

A charge for receiving a stolen vehicle is a serious criminal offense that can result in jail or prison time, substantial fines, and a permanent criminal record. Even an allegation can impact your employment, reputation, and ability to obtain housing or professional licenses.

The Law Offices of Michael E. Cindrich provide experienced and strategic legal representation for individuals accused of receiving or possessing a stolen vehicle. We work to protect your rights, examine how the evidence was obtained, challenge the prosecution’s case, and pursue the best possible outcome for your situation.

Call (619) 262-2500 today for a free and confidential consultation to discuss your defense options.