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Third Degree Criminal Possession Of Stolen Property: New York Penal Law 165.50

Stealing from another person is always against the law, but the many types of theft are broken down into several different categories. Not all forms of theft are the same, and many forms of theft are more serious than others. New York law breaks down theft using several different methods, including the value of the item stolen and whether you had any intent on profiting from this stolen good or you simply want it for yourself. If you are caught stealing from someone and the item is worth more than $3,000 and you plan on selling it to make a profit, it’s considered criminal possession of stolen property in the third degree. This is a Class D Felony, and it comes with serious consequences.

How is A Person Found Guilty of a New York Penal Code 165.50?

Not everyone is familiar with how the law works and what it means when someone is found guilty of a crime like this, but the breakdown is simple. If you steal something valued at more than $3,000 and you knowingly plan on profiting from the stolen goods, you are guilty of this law. It is one of the most commonly prosecuted types of criminal theft, and it’s not one that comes with a small penalty. When this crime is prosecuted, you stand a chance of spending as many as seven years in a state prison for committing a crime like this even if you’re a first-time offender.

Most fist time offenders assume they are given a much lighter sentence if they haven’t a previous criminal record. It’s true you probably won’t face the maximum punishment if you haven’t committed a crime before, but the minimum punishment for this Class De Felony is a shocking two years and four months in prison. This does not include fines and other penalties such as probation often issued to those who are freed from prison.

Other Considerations

If you steal an item valued at more than $3,000, the laws are strict. The item, however, cannot exceed a value of $50,000. Once it reaches this threshold, the entire situation changes. The value of the item causes the crime to become much worse, and the penalties for stealing an item valued so high becomes more serious. It’s a serious crime even if the item you steal is not worth more than $50,000. New York attorneys often see cases like this in which the person accused of this crime are embezzling money from their place of work, and the fines and punishments are serious.

Depending on the nature of your crime and how the person or company accusing you wants to proceed, the punishments can become even more serious. You don’t have time to think about what you want to do when you’re accused of a crime like this. You must call an attorney right away to get the best defense possible.

Call an Attorney Right Away

The most important thing you should do if you are accused of breaking the law in this manner is contact an attorney. Once you are arrested for this crime, you face indictment, which is serious. A grand jury must find you guilty of breaking this law, and prosecutors like to do this as quickly as possible. Calling an attorney right away is the only way to ensure you are given a fair chance at proving your case. If the attorney prosecuting you feels he or she has a solid case, they will rush the grand jury into a decision right away, which is almost impossible to reverse.

If you want to prove you either did not commit the crime or you unknowingly committed this crime prior to being found guilty by a grand jury, you must call an attorney right away. The best time to call is when you’re offered one at the time of your arrest. Waiting even a day to call for legal representation can cause your case to fall apart. You have one chance to make it right but once a grand jury has found you guilty of this crime, it’s almost too late to prove you had nothing to do with it.

Once you call an attorney, say nothing. The police cannot question you without the presence of your attorney, and you cannot allow them to do this. You must wait for your attorney to arrive at this point or risk putting yourself in even more trouble by incriminating yourself further. Do not attempt to defend yourself without an attorney present. Calling an attorney right away might not get you out of jail or away with this crime, but it can help you lessen the charges brought against you, allow room for mitigation, and even allow you a chance to spend less time in prison.

by Leonard on Spodek Law Group
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