In California, Penal Code section 496 prohibits every person from buying or otherwise receiving any property that has been stolen or that has been obtained in any manner constituting theft or extortion. The crime must be committed with knowledge that specific property has been stolen or taken from the owner without his or her consent. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted of both receiving stolen property and theft of the same property.
Receiving stolen property is considered a “wobbler” offense. This means that the prosecution has discretion to charge the crime as a felony or a misdemeanor. This crime will be charged as a felony if the value of received stolen property is more than $950. However, if the district attorney determines that charging this offense as a misdemeanor would be in the interests of justice when value of the property does not exceed $950, this offense will be charged as a misdemeanor punishable only by imprisonment in a county jail not exceeding one year.
Contact an Experienced Criminal Defense Attorney
If you have been accused of receiving stolen property, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of receiving stolen property for over 30 years. Let us help you with your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.