New York Possession of Stolen Property
A New York Possession of Stolen Property Lawyer will explain that in the state of New York, the crime of Possession of Stolen Property occurs when an individual possesses stolen property with the intent to benefit himself or another party, (other than the owner), or with the intent to deprive the owner from recovering the property. This crime is similar to the crimes of Grand Larceny, shoplifting and petit larceny, and can be considered either a felony or a misdemeanor offense. If you or a loved one has been charged with Possession of Stolen Property, or other crime such as Mail Fraud, criminal mischief, credit card fraud or Assault, it is important that your interests are protected. Speak with a New York Possession of Stolen Property Lawyer from Elliott Adler, P.C. for advice and guidance.
New York Penal Law Section 165 defines the crime of Criminal Possession of Stolen Property. There are five degrees of this crime. Which crime applies will depend on the value of the property in possession by the defendant. The breakdown is as follows:
5th Degree-Section 165.40: The defendant intentionally and knowingly possessed stolen property in order to benefit another party or themselves (other than the rightful owner), or prevent recovery of the property by the property owner. This is an A misdemeanor, and is punishable by a maximum of one year in jail.
4th Degree-Section 165.45: This is where the crime is the same as described above, but the monetary value of the property is more than $1,000.This crime is an E felony, and is punishable by over one year, at minimum, in prison.
3d Degree-Section 165.50: This crime is the same as above, but the monetary value of the property involved is over $3,000. It is a D felony offense.
2d Degree-Section 165.52: The crime is the same as above, but the value of the property is more than $50,000. It is a C felony.
1st Degree-Section 165.52: The crime is the same as described above, but the property is valued at over $1 million dollars. It is a B felony.
If you have been charged with this offense, it is important to have the guidance of a New York Criminal Lawyer from our team. There is a legal presumption that if you are in possession of the property, it is being kept for your benefit or someone else’s. If you can offer no reasonable explanation as to why you have the property in your possession, there is a negative inference that you are guilty.
Speak with a qualified New York Possession of Stolen Property Lawyer from the Law Offices of Elliott Adler, P.C. today. We will explain the charges against you and help create a strong defense strategy that will protect your interests. Your first appointment with us is complimentary. We handle criminal cases throughout New York City including locations in the Bronx, Brooklyn, Queens, Staten Island and Manhattan as well as in Westchester County and Nassau County and Suffolk County on Long Island. Call us today to schedule your free consultation at 212.785.1300.