new york possession of stolen property frequently asked question

New York Possession of Stolen Property FAQs

Uh oh, were you or someone you care about accused of possessing stolen property in New York? Yeah, I’ve been there. It’s scary stuff that can land you in jail if convicted. But don’t freak out just yet! This article will break down the law, penalties, and defenses for stolen property charges in NY. I’m here to educate and empower you during this stressful time.

What is Possession of Stolen Property in New York?

In NY, it’s illegal to possess property that you know was obtained through criminal means[1]. The stolen item could be anything – a car, jewelry, electronics, etc. To convict you, prosecutors must prove:

• You possessed the property
• You knew the property was stolen
• You intended to benefit yourself or others by keeping it from the owner

Mere possession isn’t enough – the prosecution must establish your mental state and intent.

What Are the Charges and Penalties for Possessing Stolen Property in NY?

Charges and penalties vary based on the value of the stolen goods[2]:

• Petit larceny (<$1,000) – Class A misdemeanor
• Grand larceny (>$1,000) – Class E felony

Potential penalties include up to 1 year in jail for a misdemeanor or up to 4 years in prison for a felony. Fines, probation, restitution, and a criminal record are also possible.

Can You Be Charged With Possessing Your Own Stolen Property in New York?

Nope! You can only be charged if you possess someone else’s stolen property. You have a lawful right to your own possessions. So if you steal an item then get caught possessing it, they can’t “double dip” and charge you with both theft and possession.

Can You Possess Stolen Property Without Knowing It’s Stolen in NY?

Yes, absolutely. If you unknowingly buy or obtain property that turns out to be stolen, you aren’t criminally liable. Prosecutors must prove you knew the property was stolen[3]. For example, if you buy a used bike on Craigslist that happens to be stolen, you can’t be convicted if you reasonably thought it belonged to the seller.

What Should You Do if Charged With Possessing Stolen Goods?

Here are some tips if you or a loved one is accused of possessing stolen property in New York:

• Remain silent and avoid self-incrimination
• Hire an experienced NY criminal defense lawyer right away
• Follow all conditions of bail or pretrial release
• Start gathering evidence and witnesses to support your case
• Avoid social media posts about the case

Don’t go through this fight alone. An aggressive defense lawyer on your side increases the odds of beating the charges.

What Are Some Defenses for Possessing Stolen Property Charges?

A skilled NY defense attorney can often get these charges reduced or dismissed. Some potential defenses include:

• You didn’t know the property was stolen
• The property’s value is less than prosecutors allege
• You have an airtight alibi – proof you didn’t possess the item
• The police illegally seized the property
• You were coerced into the crime under duress
• You’re the victim of false accusations or mistaken ID

An experienced lawyer will aggressively attack the prosecution’s claims against you.

Can a Conviction for Possessing Stolen Property Be Expunged in NY?

Unfortunately, New York doesn’t allow record expungement for adult convictions. However, you may be able to get certain minor stolen property convictions sealed after 10 years under the state’s record-sealing laws. Sealing won’t erase the offense, but it hides it from most background checks[4]. Consult an attorney to see if you’re eligible.

Key Takeaways

Let’s recap the crucial points about possessing stolen property charges in New York:

• Mere possession isn’t enough – prosecutors must prove your mental state.
• Charges and penalties depend on the item’s value.
• Strong defenses exist that can beat the charges.
• Expungement isn’t allowed, but record sealing may be possible.
• Experienced legal help is critical for the best outcome.

I hope this overview helps you better understand these charges and how to fight them. You have options, so don’t go through it alone. Hiring the right NY criminal defense lawyer makes all the difference.

References

1
https://criminaldefense.1800nynylaw.com/new-york-possession-of-stolen-property-frequently-asked-question.html
2
https://nyccriminalattorney.com/criminal-possession-of-stolen-property-in-new-york/
3
https://www.annemini.com/category/punctuation-and-how-to-use-it-properly/punctuation-and-grammar-of-the-non-standard-variety/
4
https://www.misd.net/languageart/grammarinaction/501grammarandwriting3e.pdf
5
https://www.oswego.edu/criminal-justice/sites/www.oswego.edu.criminal-justice/files/crj_department_paper_guidelines_and_writing_manual.pdf
6
https://www.csusm.edu/psychology/currentstudents/research-methods-in-human-development.pdf