Legal Question in Criminal Law in California

Re: pc496(a) sec17(b)(4)

Simple answer is the person knowingly possesses property know to be stolen...thus you must know you have the property and know it was stolen...both of which can be proven "circumstantially"...best to have counsel review the case ASAP...

The longwinded code quote: Every person who buys or receives any property that has

been stolen or that has been obtained in any manner constituting

theft or extortion, knowing the property to be so stolen or obtained,

or who conceals, sells, withholds, or aids in concealing, selling,

or withholding any property from the owner, knowing the property to

be so stolen or obtained, if the value is under $400 the case may, and apparantly is filed as a misdemeanor(17b4)

Re: pc496(a) sec17(b)(4)

Thank you for your question. Penal Code section 496(a) is receiving stolen property, and the fact that you've mentioned the unrelated code section of PC 17(b)(4), indicates that it was filed as a misdemeanor.

A person can be found guilty of that offense only if all of the following facts are proved:

* The person received or concealed or stored or disposed of items of stolen property.

* The items were did not belong to the defedant.

* The items had a value.

* The person acted knowingly and willfully.

The government must prove beyond a reasonable doubt that the person either received, concealed, stored, sold or disposed of the stolen property.

I hope this helps, but if you have any further questions, or would like to know about legal representation, please feel free to email me directly at [email protected]. It's my pleasure to help out in any way possible.

Re: pc496(a) sec17(b)(4)

Evidence of knowledge of theft. Hire an attorney if you want to best avoid jail.