If you have been accused, cited, indicted, arrested, or charged with PC 496 you may want to speak with a qualified Criminal Defense Attorney. Possession of Stolen property can occur in many ways. The statue is duplicated (in part) below. Fresno, Madera, Tulare, and Kings Counties have numerous swap meets, and there are special laws in effect regarding swap meets, and the conduct of the individuals buying and selling merchandise at swap meets. Consulting with a Criminal Defense Lawyer regarding you charges can help you decide how to proceed, and move forward with your life. If you believe you may need help moving forward and defending against criminal charges, Jonathan Rooker is a motivated Criminal Defense Lawyer based in Fresno California. Fresno Criminal Defense& DUI Attorney Jonathan Rooker allows for free consultations regarding your case.
PC 496 Stolen Property, buying -- Presumption:
PC 496(a) 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 shall be punished by imprisonment in a county Jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. however, if the district attorney or the grand jury determines that his action would be in the interests of justice, the district attorney or the grand jury as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in the county jail not exceeding one year. A principle in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.
PC 496(b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property as bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.
Prop 47 May allow this charge to be reduced to a misdemeanor under specific circumstances.