Sentencing For Receiving Stolen Property – Penal Code 496 PC
Receiving Stolen Property – Sentencing
According to the California Penal Code 496 PC, the sentencing and punishment for receiving stolen property depends on whether the offense is charged as a misdemeanor or felony. Receiving stolen property is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts and circumstances of your individual case, your criminal history, and the value of the stolen property itself.
Misdemeanor Receiving Stolen Property
If the value of the stolen property does not exceed $950, the offense is a misdemeanor. If you are convicted of a misdemeanor receiving stolen property charge, you face up to a year in county jail and a maximum $1,000 fine.
Felony Receiving Stolen Property Penalties
If the value of the stolen property exceeds $950, the offense can be charged as a felony under Penal Code 496 PC. If you are convicted of a felony receiving stolen property charge, you face 16 months, 2 or 3 years in county jail and a maximum $10,000 fine.
Separate Punishments for Swap Meet Vendors and Businesses
Under California Penal Code 496 (b), you face slightly different consequences if you are considered a swap meet vendor or a business owner and your principle business is dealing in or collecting personal property. If you meet this criteria and the value of the stolen property exceeds $950, the offense will be charged as a felony and you can face up to 3 years in county jail. If the value of the property does not exceed $950, the offense will be charged as a misdemeanor and is punishable by up to 6 months in county jail.
It is important to note that both employers and employees can be charged with receiving stolen property. If you are an employer, you can even be held criminally liable for the actions of your employee if he came into possession of stolen property while under your direction or control and you knew that the property was stolen.
Under CA Penal Code 496 (c) PC, the victim whose property was stolen can bring a civil suit against you for damages. The victim can receive up to three times the amount of the actual market value of the property, the costs of bringing suit, and reasonable attorney’s fees.
Finding an Experienced Attorney at Wallin & Klarich
The punishment for receiving stolen property in California can be severe. If you or someone you know has been accused of receiving stolen property, you need to contact an experienced defense attorney who will carefully review the facts and the law to give you the best representation possible.
With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks., there is an experienced Wallin & Klarich criminal defense available near you no matter where you work or live.
Have a specific question or case? Call our criminal defense attorneys at (877) 4-NO-JAIL or (877) 466-5245.