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Criminal Possession of Stolen Property

In New York, Criminal Possession of Stolen Property covers offenses that range from a Class A misdemeanor to a B felony that can send you to prison for 25 years. Whether you steal a chocolate bar from Walgreens or a million-dollar painting from the Metropolitan Museum of Art, you can be charged with violating New York Penal Law 165.40.

Criminal Possession of Stolen Property in the Fifth Degree

This offense applies when you possess property that you know to be stolen and seek to keep it from the owner and/or benefit from it. If the property is worth less than $1,000 and you are found guilty, then you could be convicted of a Class A misdemeanor and could spend a year in jail.

The court in a Criminal Possession of Stolen Property case, may instruct a jury at trial that if the evidence clearly establishes that an individual knowingly possessed stolen property, the jury can presume or infer that they possessed the property with the intention of benefiting from it and/or preventing its owner from recovering said property.

Criminal Possession of Stolen Property in the Fourth Degree

If you intentionally steal property valued at over $1,000 and have the same intent as described above, then prosecutors can charge you with this offense. It is an E felony that can result in a four-year prison sentence.

Criminal Possession of Stolen Property in the Third Degree

This charge applies if the property you are accused of stealing is worth more than $3,000. Criminal Possession of Stolen Property in Third Degree is a Class D felony that can result in a seven-year sentence in a New York State prison.

Criminal Possession of Stolen Property in the Second Degree

If the property you allegedly took exceeds $50,000 in value, then you can be charged with Criminal Possession of Stolen Property in the Second Degree and sent to prison for up to 15 years.

Criminal Possession of Stolen Property in First Degree

The most severe charge, Criminal Possession of Stolen Property in First Degree, applies to possession of property worth over a million dollars. The punishment is equally high: up to 25 years in prison.

The fact that someone else actually stole the property found in your possession is generally not a defense, even if that person has admitted to the theft and/or been convicted of taking it. Nor is the assertion that the theft actually occurred outside of New York State.

If you have been accused of possessing stolen property, then do not say anything until you speak with a New York City criminal defense attorney.  If you truly did not know that the property in your possession was stolen, then your attorney can push that fact and argue for the charges against you to be dropped. If you did know, then there may be mitigating circumstances that can lessen the severity of any outcome. A defense attorney will be your best means of getting a favorable result. Julie Rendelman is a highly experienced criminal defense attorney who has helped many satisfied clients and offers free consultations at her conveniently located Midtown Manhattan office. For more information, call 212-951-1232.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship and receipt or viewing does not constitute such relationship.


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