Receiving Stolen Property

Penal Code § 496 is a "wobbler" and can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail sentence that can be imposed is 1 year. If charged as a felony the sentencing triad is 16 months, 2 years or 3 years in custody and a fine up to $10,000 dollars. To be convicted of possession of stolen property the person must obtain stolen property knowing of it was stolen and conceal, sell, withhold the property or aid in doing the same.

Elements Of The Crime (Summary)

  1. Obtained property that was stolen
  2. Knew the property was stolen
  3. Knew of the presence of property
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