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.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic