Description

A person who buys or receives any property that has been stolen or obtained in any manner constituting theft or Extortion, knowing the property to be so stolen or obtained may be charged with Receiving Stolen Property.

What does the prosecutor have to prove?

1. Defendant bought or received property that had been stolen or obtained by theft or extortion.
or
1. Defendant concealed, sold, or withheld property that had been stolen or obtained by theft or extortion.
or
1. Defendant aided in concealing, selling, or withholding property that had been stolen or obtained by theft or extortion.
2. Defendant knew the property was stolen or obtained by theft or extortion at the time he or she bought or received the property.
or
2. Defendant knew the property was stolen or obtained by theft or extortion at the time he or she concealed, sold or withheld the property from the owner.
or
2. Defendant knew the property was stolen or obtained by theft or extortion at the time he or she aided in concealing, selling, or withholding the property from the owner.
AND
3. The value of the property was greater than nine hundred fifty dollars ($950.00).

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No