Criminal Possession of Stolen Property Defense Lawyer (PL 165.40, 165.45, 165.50, 165.52) - NYC
What is possession of stolen property? You can be charged with the criminal possession of stolen property if you knowingly possess stolen property, with intent to benefit yourself or another person other than an owner or to impede the recovery by the owner.
Possession of stolen property is a property crime that may or may not be charged along with larceny. This is because being in possession of stolen property is forbidden whether or not you were the person whole stole it. It can be charged in 5th degree through 1st degree with 1st degree being the most serious. Possession in the 5th degree is punishable by up to 364 days in jail, 1st degree up to 25 years in jail. All degrees of the charge of criminal possession of stolen property are crimes in New York because even the least severe, criminal possession of stolen property in the 5th degree, is a misdemeanor and in New York, a crime is either a misdemeanor or felony. Another way to look at this is that any type of conviction for possession of stolen property in New York is a criminal conviction.
The main difference between the degrees is based on the value of the stolen property. There is no minimum value. So, if someone is in possession of a stolen napkin (having zero economic value), this can be charged as criminal possession of stolen property in the 5th degree. There is no maximum value but higher charges apply given the value of the stolen property. If you are in possession of a valuable painting worth $10 million, you can be charged with criminal possession of stolen property in the first degree which applies to a value of $1 million or more.
Possession of stolen property penalties (assuming no prior felonies)
|
Stolen Property 5th |
PL 165.40 |
Misdemeanor |
Value not needed |
Up to 364 days in jail |
|
Stolen Property 4th |
PL 165.45 (misdemeanor) |
E Felony |
$1,000 or more, Credit/debit card, car, or certain other item |
Up to 4 years in prison |
|
Stolen Property 3rd |
PL 165.50 (felony) |
D Felony |
$3,000 or more |
Up to 7 years |
|
Stolen Property 2nd |
PL 165.52 (felony) |
C Felony |
$50,000 or more |
Up to 15 years |
|
Stolen Property 1st |
PL 165.54 (felony) |
B Felony |
$1 Million or more |
Up to 25 years |
NYC Stolen Property Charges Defense Lawyer
As an experienced NYC criminal defense lawyer and former Manhattan prosecutor,
Lance Fletcher has defended numerous possession of stolen property cases
throughout New York City. During the case evaluation, Lance can review
the charges, financial documents and/or receipts, photographic evidence,
police reports and witness statements, and charging documents. This review
will allow us to give you an informed opinion regarding what the options
are and what will be needed to get the case dismissed or reduced, if possible.
Because every case and everyone is in a different situation, we conduct
case evaluations with the goal of providing advice that is tailored to
your situation. If you or a loved one is being investigated by the NYPD
or has been charged with criminally possessing stolen property in New
York City,
contact us today for a
case evaluation.
Statutes
Criminal possession of stolen property in the fifth degree
§ 165.40 Criminal possession of stolen property in the fifth degree.
A person is guilty of criminal possession of stolen property in the fifth
degree when he knowingly possesses stolen property, with intent to benefit
himself or a person other than an owner thereof or to impede the recovery
by an owner thereof.
Criminal possession of stolen property in the fifth degree is a class
A misdemeanor.
Statutes:
Criminal possession of stolen property in the fourth degree
§ 165.45 Criminal possession of stolen property in the fourth degree.
A person is guilty of criminal possession of stolen property in the fourth
degree when he knowingly possesses stolen property, with intent to benefit
himself or a person other than an owner thereof or to impede the recovery
by an owner thereof, and when:
- The value of the property exceeds one thousand dollars; or
- The property consists of a credit card, debit card or public benefit card; or
- He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or
- The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or
- The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
- The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
- The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.
Criminal possession of stolen property in the fourth degree is a class
E felony.
Criminal possession of stolen property in the third degree
§ 165.50 Criminal possession of stolen property in the third degree.
A person is guilty of criminal possession of stolen property in the third
degree when he knowingly possesses stolen property, with intent to benefit
himself or a person other than an owner thereof or to impede the recovery
by an owner thereof, and when the value of the property exceeds
three thousand dollars.
Criminal possession of stolen property in the third degree is a class
D felony.
Criminal possession of stolen property in the second degree
§ 165.52 Criminal possession of stolen property in the second degree.
A person is guilty of criminal possession of stolen property in the second
degree when he knowingly possesses stolen property, with intent to benefit
himself or a person other than an owner thereof or to impede the recovery
by an owner thereof, and when the value of the property exceeds fifty
thousand dollars.
Criminal possession of stolen property in the second degree is a class
C felony.
Criminal possession of stolen property in the first degree
§ 165.54 Criminal possession of stolen property in the first degree.
A person is guilty of criminal possession of stolen property in the first
degree when he knowingly possesses stolen property, with intent to benefit
himself or a person other than an owner thereof or to impede the recovery
by an owner, and when the value of the property exceeds one million dollars.
Criminal possession of stolen property in the first degree is a class
B felony.