California Laws on Receiving Stolen Property
Have you been charged with Receiving Stolen Property in the San Francisco Bay Area or the East bay Area, including Fremont, Hayward or Oakland?
The consequences of charges involving theft crimes can be very serious. You could be facing jail time and probation or parole.
Ginny Harjot Walia, a criminal defense attorney with experience in these matters can represent you for Receiving Stolen Property charges. An experienced skilled defense attorney can challenge your criminal charges to avoid conviction or negotiate a plea to lesson jail time.
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 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.