New York Possession of Stolen Property
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A New York Criminal Possession of Stolen Property Lawyer will tell you than in New York the crime of Criminal Possession of Stolen Property occurs when a person knowingly possesses stolen property with intent to benefit another person or himself, other than the owner of the property, or for the purpose of preventing recovery of the property by the owner. This offense is similar to a Larceny case, specifically, Grand Larceny or Petite Larceny (shoplifting), and can be classified as either a misdemeanor or a felony crime. If you have been accused of this or other theft related crime, it is important to contact a New York Criminal Possession of Stolen Property Lawyer as soon as possible. Being found guilty of this crime can result in a jail sentence, monetary fines and probation. The qualified counsel at Stephen Bilkis & Associates, PLLC are ready to lend you sound legal advice and a free consultation. We have offices conveniently located throughout New York, from Manhattan to Westchester County.
The crime of Criminal Possession of Stolen Property is defined by New York Penal Law Section 165. The crime had five degrees, dependent of the value of the property that was in possession of the defendant. For your convenience, the breakdown of the crime is set forth below:
Section 165.40 5th Degree: The perpetrator knowingly possessed stolen property with the intent to benefit themselves (or someone else), other than the rightful owner of the property; or impede recovery of the property by the owner. This offense is classified as an A misdemeanor, which brings the defendant a maximum of one year in jail.
Section 165.45 4th Degree: The crime is the same as mentioned above but the value of the property involved exceeds $1,000. This crime is classified as a Class E felony. A felony crime is punishable by over one year (minimum) in prison.
Section 165.50 3rd Degree: The crime (as defined above) deals with a property value of over $3,000. This crime is categorized as a Class D felony.
Section 165.52 2nd Degree: As noted above, but the property value exceeds $50,000. This crime is classified as a Class C felony.
Section 165.52 1st Degree: As mentioned above, but the property value exceeds $1 million dollars in value. This is considered a Class B felony.
If you have been accused of this crime it is important to secure the guidance and advice of an experienced New York Criminal Possession of Stolen Property Lawyer. In these types of cases there is a legal presumption that if the defendant is in possession of the stolen property, it is being kept to benefit themselves (or the benefit of another). Additionally, if the defendant is in possession of property, and can offer no explanation as to why they have the property, there is a negative inference that they are guilty of this crime. It is no defense that the person who actually stole the property is unidentified, or that the accused was a participant in the theft, or that the theft (larceny) occurred out of state.
A New York Criminal Lawyer can help you sort through the legal details of your case, and help you to formulate a defense strategy to protect your rights. Stephen Bilkis & Associates, PLLC have qualified counsel ready to assist you, and will provide you with a completely free case consultation with your first visit. Contact our office today to receive your no-obligation appointment at 1.800.NY.NY.LAW. Where ever you are in New York, there is an office located convenient nearby. We have locations throughout New York, including NYC, specifically Manhattan, Queens, the Bronx and Staten Island as well as Long Island in both Nassau and Suffolk County.