Receiving stolen property is a theft offense but you can only be charged with receiving stolen property if you knew it was stolen. Receiving stolen property is defined in most states as consisting of four elements:

(1) the property must be received;
(2) it must have been previously stolen;
(3) the person receiving the property must know it was stolen; and
(4) the receiver must intend to deprive the owner of his or her property.

Penal Code 496 Known as “Receiving Stolen Property”, this type of theft crime is a “wobbler” and can be charged as either a misdemeanor or a felony. Generally, if the value of the stolen property is less than $400 it is usually charged as a misdemeanor and the maximum punishment is one year in county jail. If the value of the stolen property is $400 or more, it is usually charged as a felony and the maximum punishment is 16 months, 2 years or 3 years in state prison.