Legal Question in Criminal Law in California
Is there a new law for 2010 making receiving stolen property a misdemeanor?
2 Answers from Attorneys
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.)
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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