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Fifth Degree Criminal Possession Of Stolen Property: New York Penal Law 165.40

It is against New York criminal law to obtain property taken by another owner. This crime is called receiving stolen property. Receiving stolen property is the byproduct of another criminal called larceny. Larceny is the act of unlawfully taking property belong to another individual without their permission and with intent to never give the property back.

The property such as money, real property or personal property is taken kept by the person who stole it. The property can also be given or sold to you. In this case, you can be charged with receiving stolen property in New York.

Receiving Stolen Property in New York is Separated by Degrees

In New York, you can be charged with receiving stolen property according to the value of the property. The higher the amount, the more time behind bars. The value of the property stolen is based on the market value of the item. For instance, a receiving stolen property charge in the first, second, third or fourth degrees are felony charges. They range from taking property valued at more than $1 million to at least $3,000.

The prison for felony receiving stolen property in New York ranges from one to 25 years in prison. You may also have to pay a fine.

Receiving Stolen Property in the Fifth Degree in New York is a Misdemeanor

Receiving stolen property in the fifth degree is the act of knowing obtain property stolen from another individual. It is a fifth-degree crime if the value of the property is valued at $1,000 or less. It is punishable by jail time and fines.

Prosecutors must Prove You Committed Firth Degree Receiving Stolen Property

New York prosecutors must prove beyond reasonable doubt you obtained stolen property. They must use evidence and testimony to support elements outlined in the state’s penal code. This means prosecutor must prove:

• You knowingly possessed property
• You knew the property was stolen. Stolen property is any type of property that is wrongfully withheld, taken or obtained by the owner without their consent.
• You had the intent to take the stolen property to benefit yourself or a third party. If you did not intend to receive some type of benefit, you intended to permanently deprive the property owner of their property.

The Jury Can Presume that You Intended to Benefit or Deprive the Owner of their Property

New York instructs a jury within their standard jury instructions they can presume you possessed the stolen property for personal benefit or the benefit of others. They can also presume you intended to permanently deprive the owner of the property. This presumption can be made under certain circumstances.

This means that if a prosecutor proves beyond a reasonable doubt that you knowingly possessed the stolen property, the jury may infer this third element. They are not required to infer you intended to personally benefit, benefit a third party or permanently deprive the owner of their property.

Defenses for the Charge of Receiving Stolen Property in the Fifth Degree

You have certain defenses available to you to fight a receiving stolen property in the fifth-degree charge. The exact defense depends on the circumstances and facts of your case. Some defenses available are used to negate one or more of the elements. For instance, you can contend you did not knowingly possess stolen property. You must know someone stole the property prior to giving or selling it to you.

Another defense is lack of possession. You must possess the stolen property. If you pay for a stolen item, but never pick it up, you cannot be convicted the crime.

Contact a New York Criminal Attorney about Your Receiving Stolen Property Charge

The state makes it easy to convict an individual of receiving stolen property in New York. That means you must work twice as hard to prove your innocence. Start by contacting us. We are tough criminal attorneys experienced in representing people accused of receiving stolen property in New York.

Fighting this charge begins with an initial consultation. During the consultation, we will discuss your version of the facts. Unlike felony receiving stolen property charge, we typically cannot get the charge downgraded. It is already a misdemeanor.

That does not mean we do not have options. We will fight to get your case dropped before going to court. This requires showing the state they do not have a case against you. We will also prepare your case against you. We will not let the jury infer that you kept the alleged stolen property to benefit yourself, a third party or deprive the owner of the property.

Contact us immediately for help. We are ready to resolve this case for you. You have a future and it does not include time in county jail. Contact us today.

by Leonard on Spodek Law Group
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