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First Degree Criminal Possession Of Stolen Property: New York Penal Law 165.54
Theft is one of the biggest problems in the state of New York and throughout the United States as a whole. There are many different statutes relating to theft crimes. One of those is New York’s Penal Law 165.54, which is criminal possession of stolen property in the first degree. This is a very serious charge that warrants a person immediately retaining a criminal defense attorney if they find themselves facing such a charge.
What is criminal Possession of Stolen Property in the First Degree as Per New York Penal Law 165.54?
Criminal possession of stolen property in the first degree is one of the most serious white collar crimes in New York. A person can be found guilty of this crime and subsequently convicted if they possess stolen property and obtain that property to personally benefit from it or prevent the owner of the property from having it. There are many items that can be the possible stolen property, whether it includes cash, an expensive computer and a television set. In any case, if the property the individual has stolen has a value greater than $1 million, they can be found guilty of first degree criminal possession of stolen property as per the New York Penal Law 165.54. Generally speaking, this is a crime that takes place over a lengthy period of time, rather than in a onetime instance. As a result, the prosecution may be able to determine the value of all the property that was stolen.
This charge can also be placed against a person who has received stolen goods to become the “new” owner. If the person then sells or attempts to sell the property, they do not have the legal right to do so. Likewise, it is illegal for the person to give the property away.
It’s important to note that merely possessing stolen property doesn’t necessarily mean the person will be charged with the crime. There are three key elements the prosecution needs in order to convict a defendant of criminal possession of stolen property in the first degree. They include the following:
• The individual knowingly possesses property that belongs to another person
• The individual knows that the property was stolen
• The individual obtained the property for their own benefit, may have received it to benefit another person who was the original theft and the property was stolen specifically to prevent the owner from having and benefiting from it
Penalties and Sentences for First Degree criminal Possession of Stolen Property Per Penal Law 165.54
New York classifies criminal possession of stolen property in the first degree as a class B felony. As a result, the individual who is convicted of the crime can receive a harsher sentence if they have a prior criminal conviction on their record. In general, the person can receive up to 25 years in prison and a hefty fine. A person convicted who has a previous conviction from over 10 years earlier or one who doesn’t have a previous conviction can also receive the same sentence, although the judge may be slightly lenient in some cases.
Possible Defenses for criminal Possession of Stolen Property in the First Degree
In general, there are certain defenses that can be used by the criminal defense attorney in a case of criminal possession of stolen property in the first degree. The lawyer can argue that the defendant acted in good faith or had the right of ownership of the property. Another argument can be made that the defendant was not in the right frame of mind at the time of the incident.
If the defendant is or was a juvenile at the time of the crime, the defense attorney can argue about that as well. It is possible for all of these defense tactics to result in the charges being reduced by way of a plea deal.
One defense that is invalid is to claim that it was someone else who stole the property instead of the defendant.
A person who finds themselves charged with this crime should immediately contact a skilled criminal defense attorney. criminal possession of stolen property in the first degree is a serious charge that can result in many years in prison if the individual is convicted. An attorney is integral in building a strong defense.
Don’t deal with First Degree criminal Possession Of Stolen Property: New York Penal Law 165.54 alone. Speak to the Spodek Law Group today.
First Degree Criminal Possession Of Stolen Property: New York Penal Law 165.54
A receiving stolen property criminal charge may be the result of another crime previously committed called larceny. Larceny is the act of unlawfully taking a person’s property without consent and with the intent to permanently deprive. This means the person took property that did not belong to them, did have permission and had the intent to never give the property back.
The latter part of the legal definition of larceny is how an innocent person like you can get in trouble. To intentionally take the property may mean the person who stole it will keep the property, give it away or sell it. The latter option will result in a receiving stolen goods charge in New York
Receiving Stolen Goods Refers to “New” Owner not having the Right to Give or Sell the Property
According to New York criminal law, it is illegal to obtain property taken from another individual. It is knowingly possessing property you allegedly knew was taken from another person. You allegedly took the property with the intent to keep the property, sell it or otherwise permanently deprive the original owner.
New York Must Prove Three Elements to Convict You First Degree Receiving Stolen Property
Mere possession of the stolen property will not cause the state to charge you with the criminal act. It will not net a win for the prosecutor trying to convict you of the crime. In New York, a prosecutor must prove you committed the crime in three steps called elements. These elements are used to prove beyond a reasonable doubt that you knowingly received stolen goods. These three elements are:
• You knowingly possessed property belonging to another individual
• You knew that property was stolen
• You received the property with the intent of personal benefit. You may also have taken the property to benefit a third person like the one who stole property or to prevent the true owner from recovering the property.
In most criminal cases, if the prosecutor cannot prove all elements, a jury cannot find a person guilty beyond a reasonable doubt. However, the receiving stolen property charge has one hitch.
New York Employs a Presumption of Intent in a Receiving Stolen Property Charge
According to New York criminal law, a jury will be instructed to assume presumption of intent. If a prosecutor can prove you knowing possessed property taken from another person, the jury can presume you possessed the property with intent to:
• Benefit yourself
• Benefit a third person. This person may or may not be the person who took the property from the rightful owner.
• Stop the rightful owner from recovering the stolen property
First Degree of Receiving Stolen Property in New York
The state has five receiving stolen property charges. The charges range from a misdemeanor to a felony. They are separated by the value of the stolen property. The most serious degree is first degree receiving stolen property. It involves receiving stolen goods valued at more than $1 million. Other types of receiving stolen property charges include:
• Second degree for stolen property valued less than $50,000
• Third degree for stolen property valued at more than $3,000
• Fourth degree for stolen property valued at more than $1,000
Receiving stolen property degrees one to four are felony crimes. These crimes are punishable by one to 25 years in prison and a fine.
The fifth receiving stolen property charge is a misdemeanor. If you allegedly receive property valued below $1,000, you could be charge with this crime.
Contact a criminal Attorney about Your Charge of First Degree Receiving Stolen Property in New York
This is a tough criminal charge. You have a limited number of defenses to available to you. You should not plan to use the fact that someone else stole the property. It is also not a defense that you are not guilty of receiving stolen property because the property was stolen outside of New York state.
You can use defenses like you lack intent to receive or keep the stolen property. You did not know it was stolen or you took the property with the intent of giving it to its rightful owner. Another defense is that you lack possession of the stolen property. This defense involves not taking the property.
You may have agreed to keep or take the property, but never got around to taking possession. If this is the case, you cannot be convicted of receiving stolen property.
You have other defenses available to you depending on the facts of your case. Let’s discuss your possible defenses and how we will resolve your case during a free initial consultation. We will discuss your version of events, defenses and how to we will proceed to prove your innocence.
Get ready to fight your criminal charge. Get ready to have a tough legal team at your side. Contact us.