PC 496.5 Effective 1/1/25

PC 496.5 Effective 1/1/25

Offense

“Automotive property theft”

Possession of property unlawfully obtained from a vehicle, with intent to sell, where “aggregate” property value exceeds $950

1170(h) wobbler

Aggravated Felony (AF)

Yes, assume an AF if a year or more is imposed, as theft or receipt of stolen property.     See PC 496.

Seek 364 days or less, or a different offense such as attempted 459

See Advice

Crime Involving Moral Turpitude (CIMT)

Yes, assume a CIMT as receipt of stolen property or theft with intent to deprive the owner “permanently or substantially,” as shown by intent to sell.

See 484 for more on intent to deprive.

See Advice.

Other Removal Grounds

No other removal grounds.

Advice and Comments

PC 496.5 (AB 905, 2024)

This offense is structurally similar to, but substantively different from, PC 496.6. 

PC 496.5 penalizes unlawfully possessing property that D or any other person unlawfully obtained from a vehicle, with intent to sell it, if the aggregate value of the property exceeds $950. 

“Aggregate value” includes value of current property plus property similarly held by D within the last two years, and/or property similarly held by person/s acting in concert with D — based on proof or admission of such other conduct and valuation, and not by prior conviction. 

D should avoid this offense and if necessary plead to a different felony; see below. 

Alternatives in order to avoid an AF and CIMT: PC 496.5 can be charged even if the value of property held by D in the instant offense does not exceed $950. That may make it hard to plead instead to safer offenses like PC 459, which requires value > $950. 

To avoid a CIMT and an AF, offer to stipulate to 459, or  to plead to felony attempted PC 459, where the intent was > $950. Or  plead to misd 496 and add another felony that can take a year, e.g., PC  594, especially if there was damage to car. 

Or see PC 487 which as of 2025 has a similar expansion of its measure of  “aggregate” value. PC 487 is a CIMT but at least is not an AF if a year or more is imposed. For DAs who are intent on obtaining convictions under the new 2025 statutes, this might be acceptable.

Less favorable, plead to felony 496.5 and if more than a year is required, structure the sentence. Spend time in custody before the sentencing hearing and then waive CTS in exchange for a prospective “sentence” of felony probation and 364 days or less. See other strategies in Note: Sentence.

CIMT Petty offense exception: Even a plea to a misdemeanor 496.5, or a 17(b)(3) reduction to a misdemeanor 496.5, likely destroys eligibility for the “petty offense exception” to the CIMT inadmissibility ground, if there is evidence that D did not commit just the one CIMT.1The petty offense exception to the CIMT ground of inadmissibility, INA § 212(a)(2)(A)(ii)(II), requires the CIMT conviction to have a potential sentence of a year or less, actual sentence of six months or less, and that the person has “committed” only this one CIMT.  For 496.5  there must be proof or admission that D committed other similar CIMT/s within 2 years, or that D is acting in concert with another who committed at least one similar CIMT. Defense counsel should be aware that this likely destroys petty offense exception eligibility It might be possible to avoid this if there is no admission or proof that D themselves did not commit another CIMT.

2024-11-08T22:16:33+00:00Updated November 8th, 2024|