In New York, the crime of Criminal Possession of Stolen Property is defined as a person knowingly possessing stolen property, with the intent to benefit himself (or another person), other than the rightful owner of the property, or to impede recovery of the stolen property of the owner. This crime is similar to Grand Larceny, and can be considered either a misdemeanor or felony. If you have been accused of this, or other theft crime, it is important to contact a New York Criminal Possession of Stolen Property Lawyer. Being convicted of this crime can result in jail time, significant fines, and probation.
Criminal Possession of Stolen Property is general covered in Section 165 of the New York Penal Law. There are five degrees of this crime, depending on the value of the property involved. The breakdown of this crime is as follows:
Section 165.40 Criminal Possession in the 5th Degree: Defendant knowingly possesses stolen property with the intent to benefit himself or someone else, other than the owner of the property, or impede recovery of the property by the rightful owner. This crime is an A misdemeanor, which is punishable by a maximum of one year in jail.
Section 165.45: Criminal Possession in the 4th Degree: Same as above but value of the property exceeds $1,000. This is a Class E felony. A felony is punishable by a minimum of one year in prison.
Section 165.50 Criminal Possession in the 3d Degree: Same as above but the property value exceeds $3,000.. This is considered a Class D felony.
Section 165.53 Criminal Possession in the 2nd Degree: Same as above but the value of the property exceeds $50,000. This is considered a Class C felony.
Section 165.52 Criminal Possession in the 1st Degree: Same as above, but property exceeds $1 million in value. The is a Class B felony.
It is important to obtain the advice of a qualified New York Criminal Possession of Stolen Property Lawyer, as these cases may become complicated. There is a legal presumption that when a defendant knowingly possesses an item of stolen property, it is presumed that it is being kept to benefit himself, or a person other than the owner. This goes a bit further in that it is presumed that if the defendant is in possession of the property shortly after the theft is committed, and they cannot explain why they have the item, or where the property came from, a negative inference can be made that they committed this crime. It is important to note that it is not a defense that the person who actually stole the property has not been identified, or that the defendant participated in the theft, or the larceny (theft) did not occur in the state.
It is important to obtain the counsel of a New York Criminal Lawyer to ensure that you are adequately defended, and that your rights are protected.
The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.