New York Possession of Stolen Property Frequently Asked Questions

It is a crime to purchase or accept property that you know or should know was stolen. While possession of stolen property is a crime of theft it is different from larceny, robbery, extortion, or embezzlement. Possession of stolen property is a crime that is designed to deter people from aiding or rewarding thieves by accepting, buying, or concealing property that was stolen. Criminal possession of stolen property may be a misdemeanor or felony.

To be convicted of possession of stolen property, actual knowledge of it being stolen is not required. All that is necessary is that you “should have known.” These means that the prosecutor must only prove that a reasonable person would have known that the property was stolen. However, if you did not know it was stolen nor was it reasonable for you to have known, then you would have a valid defense.

A person who knows that the property they possess was stolen is presumed to possess it with the requisite intent to benefit from it and to permanently deprive the owner of the property. This means that the mere knowledge that the property is stolen is enough to be prosecuted for the crime of criminal possession of stolen property. The defendant would have to overcome the presumption of criminal intent in order to avoid conviction.

Under the New York criminal code, depending on factors such as the value of the property, criminal possession of stolen property can be a felony or misdemeanor. In addition, there are several different felony criminal possession of stolen property offenses. Depending on the specific offense of which the defendant is convicted, the potential sentence may include the following:

• Prison. If the conviction is a misdemeanor, the length of incarceration, if any, would be less than a year. If the conviction is a felony, the length of incarceration can be up to 25 years.
• Restitution
• Fines and fees
• Probation

Defenses to a charge of possession of stolen property include:

• Insufficient evidence. If there is not sufficient evidence that the defendant knew, or reasonably should have known that the property was stolen, then the prosecutor will have a difficult time proving the case against the defendant. Knowledge that the property was stolen is a necessary element of the crime. In addition, there must be evidence that the property was actually stolen. If the property was not stolen, then there was no crime of possession of stolen property.
• Entrapment. In New York entrapment occurs when law enforcement or another official of the government encourages or compels someone to commit a criminal act that he or she would not have otherwise committed. While an entrapment defense can be successful, it is typically a difficult defense.
• Insanity. An insanity defense allows a person to claim they were legally insane, either at the time of the offense or during trial. Insanity is a possible defense, but it is an incredibly complicated and difficult defense.