Receiving Stolen Property
Receiving Stolen Property
I Was Arrested For Receiving Stolen Property. What Am I Looking At?
When you are charged with receiving stolen property in California, you are charged with the crime of Penal Code section 486. That code section states:
Penal Code 496 PC: “(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.”
Notice that the case can be filed as a misdemeanor, or a felony, depending on the valuer of the property involved. Your criminal case is prosecuted by the Prosecutor’s Office.
As you know, prosecutors, the courts, and even the law, all want to show how tough they are on crime. The punishment includes potential jail time, and thousands of dollars in fines if not handled correctly. Don’t let the system excessively punish you without looking at all sides. Although you probably are still dealing with the impact from your arrest, this is more serious than you realize.
The law has a maximum (six months in jail, and a fine and fees that total $5000) and a minimum (three years probation, an alcohol school, and base fines of $390). Theft cases are sometimes reduced to another charge, which would reduce the sentencing range.
The solution – how to defend a Receiving Stolen Property case
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As one client stated about their experience:
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