California Penal Code section 496 PC describes possession of stolen property by any person as receiving it, buying it, selling it, concealing it or withholding any property that was stolen or taken by illegal way. If the person in possession or control of the property knows or even suspects it was attained by any thieving ways, the accused can be charged with possession of stolen property crime in California. This offense can be considered a misdemeanor or felony depending on the value of the property in question and circumstances of the case. If the value of the property is less than $400, the charge is normally a misdemeanor under the law and if the value over $400 it is normally a felony.
There are two types of possible possession crime charges in California either actual possession or constructive possession of the property. Actual possession of stolen property charge is when the person physically has the property in his/her possession, while constructive possession of stolen property crime is when the person has the property under their control or their possession but not physically control on it.
Punishment for Possession of Stolen Property
This type of crime can be charged either as a misdemeanor or a felony and both charges could also result in heavy fines,
- Misdemeanor: maximum 1 year in jail
- Felony: maximum penalty is three years in state jail
Probation period and parole can be obtained with the help of an experienced criminal defense attorney. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for an assessment of your case.
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