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Understanding Criminal Possession of Stolen Property Laws
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Understanding Criminal Possession of Stolen Property Laws
Being accused of criminal possession of stolen property can be an overwhelming and scary situation. However, with the right legal guidance, you can better understand the charges against you and build an informed defense. This article provides an overview of criminal possession laws, possible defenses, and next steps if you are facing charges.
What is Criminal Possession of Stolen Property?
Criminal possession of stolen property refers to possessing, retaining, or disposing of property that you know or believe was obtained through theft or illegal means. The charges and penalties depend on the value of the allegedly stolen property and your state’s laws.
For example, in New York, criminal possession is broken down into various degrees:
- 5th Degree – Property value under $1,000
- 4th Degree – Value between $1,000-$3,000
- 3rd Degree – Value over $3,000
- 2nd Degree – Value over $50,000
- 1st Degree – Value over $1 million
Higher degree charges lead to more severe penalties like lengthier jail sentences. Most states categorize the charges similarly based on stolen property values.
Proving Criminal Possession
To convict you of criminal possession of stolen property, the prosecution must prove:
- You possessed, controlled, or disposed of property
- You knew or reasonably should have known the property was stolen
- The property was actually stolen
Prosecutors will use both direct and circumstantial evidence to meet this burden of proof. Examples include:
- Eyewitness testimony placing you with the stolen property
- Bank records, texts, online posts related to selling the property
- Your conduct demonstrating knowledge the property was stolen
- Records showing the property was stolen from the rightful owner
If the prosecution cannot sufficiently prove each element, you should be found not guilty. An experienced criminal defense lawyer can identify holes in the prosecution’s case.
Possible Defenses
Some possible defenses to fight criminal possession charges include:
- Lack of knowledge – You did not know and had no reasonable cause to believe the property was stolen. For example, someone may have gifted you the item without disclosing it was illegally obtained.
- Entrapment – Law enforcement coerced or improperly induced you into obtaining or possessing the stolen goods.
- Duress – You were forced to possess the stolen property against your will through threats of harm.
- False accusations – The accuser is lying or mistaken that you ever possessed the allegedly stolen item.
- Unlawful search – The stolen item was discovered through an illegal search, making the evidence inadmissible.
An attorney can assess which defenses are viable in your specific case. The best defense depends on the circumstances and evidence.
Penalties If Convicted
The penalties for a criminal possession conviction largely depend on your state laws and whether you have prior felony convictions. Generally, potential consequences include:
- Incarceration – Felony possession charges often carry multi-year prison sentences depending on degree and prior record. Lower-level misdemeanors may lead to less than a year in jail.
- Fines – Courts can impose fines ranging from several hundred to several thousand dollars depending on degree.
- Probation – Courts may suspend jail time in favor of probation including conditions like community service.
- Restitution – You may have to repay the victim for the value of the stolen property.
- Forfeiture – The court can force you to surrender vehicles or other property used to transport or store the stolen items.
Understanding sentencing guidelines can help assess the penalties you realistically face if convicted.
Next Steps If Facing Charges
If you have been arrested or charged with criminal possession of stolen property, key next steps include:
- Remain silent – Do not try to explain away your charges or make excuses. Anything you say can be used to build the case against you.
- Hire an attorney – An experienced criminal defense lawyer can carefully evaluate the evidence and advise on the best legal strategies. Public defenders provide representation as well but typically manage high caseloads.
- Gather evidence – Work with your lawyer to collect evidence for your defense, like records corroborating your lack of knowledge. Preserve texts, photos, videos, and other materials that may be relevant.
- Explore diversion programs – These programs allow you to avoid conviction by completing rehabilitation, community service, restitution payments or other requirements. Your lawyer can discuss any diversion options available to you.
The most critical step is contacting a defense attorney immediately so they can start working on your case right away. The sooner an attorney gets involved, the more effectively they can protect your rights.
Finding the Right Lawyer
When facing criminal charges, having the right lawyer by your side makes all the difference. Look for an attorney who:
- Focuses specifically on criminal defense cases
- Has extensive trial experience defending possession charges
- Maintains a strong track record of positive case results
- Makes you feel comfortable and keeps you informed throughout the process
Be wary of lawyers making unrealistic promises or pushing you to plead guilty right away. A reputable attorney will carefully assess your case before recommending how to proceed.
You can find experienced local defense lawyers through resources like Avvo, the National Association of Criminal Defense Lawyers, or state bar associations. Schedule consultations with a few lawyers before deciding who to hire.
Defending against criminal charges is a complex process. But the right legal guidance can help you make informed decisions and secure the best possible outcome moving forward.
References
New York Consolidated Laws, Penal Law – PEN Article 165 Larceny