California Actual Possession of Stolen Property Law

Posted by Raoul Severo | May 29, 2020 | 0 Comments

There are two types of crimes regarding the possession of stolen property in the eye of law and those are actual possession of stolen property and constructive possession of stolen property. The first one means that the person actually has in his/her possession the stolen item in physical form. To be charged with actual possession of stolen property crime in court, it must be proven that the person accused is in physical contact or actually possesses the stolen property in question. For example, the person has the item in this hand physically, in the pocket, or somewhere on their body physically. This does not have to be true for construction of stolen property under the statues of the law.

Legal charges for Actual Possession of Stolen Property in California 

This kind of crime in California is considered a wobbler by nature. This means that the charge can be either a felony or a misdemeanor according to the law and usually depends on the value of the stolen item and circumstances of the case. If the value of the stolen property is less than $400 USD then it will be charged as a misdemeanor, resulting in up to one year in county jail as punishment. If the value of the property is over $400 USD, the crime is usually charged as a felony, resulting in up to three years in state prison as punishment of this crime.

Being convicted of actual possession of stolen property in California , whether as a felony or misdemeanor by nature can result in devastating consequences such as a permanent criminal record, work and job opportunities limitations or even immigration issues for non-american citizens. Following the guidance of an experienced criminal defense attorney is the best course of action to fight against this type of crime in California. With more than 40 years of experience, The Law Office of Raoul Severo in California is glad to assist you, so please don't hesitate to reach out for a free of charge evaluation of your case.

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