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The State of New York treats Criminal Possession of Stolen Property as seriously as Larceny. A person who simply receives and/or possesses stolen property can be charged with a felony. In fact, the penalties for Possession of Stolen Property mirror the penalties for Grand Larceny.
It is very possible to be unfairly charged with Criminal Possession of Stolen Property if you don’t know the goods you’ve received were stolen, or you were just not vigilant in protecting yourself from someone else’s actions. For Example:
A friend asks you if he can store a few boxes of DVD players in your garage. You ask him about the origin of such goods. He winks, nods and pats you on the back as if to assure you that everything is a-ok. You agree to let him use your space.
Two days later the police arrive at your front door with a search warrant. Your garage is ransacked, the DVD players are found, and you’re charged with Criminal Possession of Stolen Property in the Third Degree. Now, because of a poor decision, you’re facing jail time.
Criminal Possession of Stolen Property Laws
The elements of Criminal Possession of Stolen Property are the same for each degree – what separates the crimes is the value of such property. (See the penalties chart below).
In order to prove that an individual is guilty of Criminal Possession of Stolen Property, it must be established that the person:
(1) knowingly possesses stolen property,
(2) with the intent to benefit himself or a person other than the owner or to impede the recovery by an owner…
How to Beat a Possession of Stolen Property Charge in New York Courts
The best legal challenges in these cases usually involve disputing that you knowingly were in possession of stolen property. It could be knowing that you were in possession of the goods at all, or knowing that the items you received, were in fact stolen goods.
If you didn’t reasonably know they were stolen, then you are not guilty under the law.
In other cases, we can often make the charges go away or substantially reduce them if we give the items back or agree to restitution in other ways.
Defending these cases can be complicated, and how you proceed can vary greatly depending on the exact facts and circumstances of your particular case.
Call out New York Attorneys now to discuss how we can help you fight criminal possession of stolen property charges. (888) 435-4744.
Criminal Possession of Stolen Property Penalties
|Grand Larceny Charges – NY Penal Code||Classification||Value|
|Criminal Possession of Stolen Property in the 1st First Degree – 165.54||B Non Violent Felony||over $1,000,000|
|Criminal Possession of Stolen Property in the 2nd Second Degree – 165.52||C Non Violent Felony||Between $50,0001 and $1,000,000|
|Criminal Possession of Stolen Property in the 3rd Third Degree – 165.50||D Non-Violent Felony||Between $3001 and $50,000|
|Criminal Possession of Stolen Property in the 4th Fourth Degree –165.45||E Felony||Between $1001 and $3000|
|Criminal Possession of Stolen Property in the 5th Fifth Degree – 165.40||A Misdemeanor||$1000 or less|
Free Legal Consultation on Receiving Stolen Goods Criminal Possession Charges in New York
Call us today for a case evaluation on your criminal charges of possession of stolen property. We’ll offer you some candid advice, and explain exactly how we can help you protect yourself and get the fairest disposition possible. Call (888) 435-4744 now for some free advice from a top New York defense lawyer.