When property is stolen, the individual who committed the original theft can face criminal charges. But what if they sell or give away the item? It is possible to face criminal charges for possessing stolen property under certain circumstances in New York. Understanding how the state treats and penalizes these offenses is crucial to protecting your rights and future. Reach out to a knowledgeable Stony Point, NY criminal defense attorney to discuss your situation with a legal professional today.

Can I Face Criminal Charges for Possessing Stolen Property in NY?

Yes, it is a crime to knowingly or purposefully possess stolen property, even if you are not the one who originally stole the item. Under New York Penal Law Article 165, an individual is guilty of criminal possession of stolen property when they knowingly possess stolen property with the intent to benefit themselves or a person other than the owner, or to prevent the owner from recovering said property.

As long as you knew or had reason to believe that the property was stolen, you can face criminal charges for having it in your possession.

What Does Possession Mean?

If you’re being charged with possessing stolen property, it’s important to understand what that means in legal terms. Possession does not require that you were caught holding the item in your hands, though that can lead to charges as well.

Actual possession means that you were found with the stolen property on your person. For example, if the police found a stolen bracelet on your wrist or in your pocket. Constructive possession can also result in charges and refers to having the ability to control it or where it is located. For example, if the bracelet was found in your home or vehicle.

What Are the Penalties for Possession of Stolen Property in NY?

There are various levels of criminal possession that you can be charged with depending on the specific circumstances of the situation. The most notable factors influencing your charges include the value and type of the property involved. Below are the standard sentencing guidelines.

  • Property less than $1,000: Fifth-degree (class A misdemeanor), up to 1 year in jail
  • Property exceeding $1,000: Fourth-degree (class E felony), up to 4 years in prison
  • Property exceeding $3,000: Third-degree (class D felony), up to 7 years in prison
  • Property exceeding $50,000: Second-degree (class C felony), up to 15 years in prison
  • Property exceeding $1,000,000: First-degree (class B felony), up to 25 years in prison

Fines, probation, and restitution may also apply. For more information and to secure the help of an experienced attorney, reach out to The Law Office of Kevin T. Conway today.