Legal Question in Criminal Law in California

Is there a new law for 2010 making receiving stolen property a misdemeanor?


Asked on 1/12/10, 5:23 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Sort of... but not really.

California Penal Code 496, receiving stolen property, is a "wobbler," which means it can be charged as a felony or a misdemeanor. The District Attorney has discretion to charge a misdemeanor if the value of the stolen property is less than $950, which is an increase from the old limit of $400.

Keep in mind that the DA can charge receiving stolen property under $950 as a misdemeanor, but they can choose to file it as a felony, too.

That is different from some other offenses. For instance, in order to be prosecuted for grand theft, the value of the property has to be greater than $950 (up from $400 prior to 2010).

(There are some exceptions to the $950 limit, such as theft of animals, certain crops or firearms. Those are grand theft no matter what the amount.)

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Answered on 1/17/10, 6:50 pm
Terry A. Nelson Nelson & Lawless

New? No. It has been a crime from the beginning of the statutes, and gets tweaked and updated by the legislature occasionally. .

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Answered on 1/18/10, 10:09 am


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