Intellectual Property Law

What is the sentence in California, Stanislaus Co.,for receiving stolen property?

This person has no previous offenses and claims that he didn't know it was stolen, he just bought it from someone else.

Public Comments

1. Depends on too many things to say with any certainty.... That's typically a felony, but the Courts can bump it down to a misdemeanor if there are special circumstances that make that a reasonable move. Also, it depends on the circumstances of the offense, level of culpability, prior record.... and any other aggravating or mitigating circumstances. Don't quote me, but i think a felony 496 PC is a 16-2-3 felony... meaning... 2 year midterm... with 16 months as the low term and 3 years as the highest possible term if the person goes to prison. For a first time offender, this is not a MANDATORY prison offense... so probably 3 years probation with a short stay in jail.
2. Amy is pretty much right. It is not only the court which can make this a misdemeanor, it can be charged as a misdemeanor by the prosecuting attorney as well. As a misdemeanor it would have a maximum sentence of one year. Amy is correct that as a felony it would be 16 months, 2 years, or 3 years. Of course, if the facts stated are correct, then this person is not guilty and should not be punished at all (unless any reasonable person would have known it was stolen).