New York City, a bustling metropolis, is unfortunately no stranger to property crimes. If you’re facing accusations of criminal possession of stolen property in NYC, understanding the law and securing experienced legal representation is paramount. A Property Lawyer Nyc specializing in criminal defense can be your strongest advocate, protecting your rights and navigating the complexities of the New York legal system.
In New York, Criminal Possession of Stolen Property is defined as knowingly possessing stolen property with the intent to benefit yourself or another person (other than the rightful owner), or to prevent the owner from recovering their property. This charge, outlined under New York Penal Law Section 165, can range from a misdemeanor to a serious felony, depending on the value of the property involved. Similar to larceny or shoplifting charges, the consequences can include jail time, fines, and a criminal record.
Degrees of Criminal Possession of Stolen Property in NYC
The severity of a Criminal Possession of Stolen Property charge in New York is categorized into five degrees, primarily determined by the monetary value of the stolen property. Understanding these distinctions is crucial for anyone facing such accusations.
5th Degree Criminal Possession of Stolen Property
This is the least severe charge, classified as a Class A misdemeanor. It applies when a person knowingly possesses stolen property with the intent to benefit themselves or someone else (excluding the owner) or to hinder the property’s recovery by the owner, regardless of the property’s value. A conviction for 5th Degree Criminal Possession of Stolen Property can result in a jail sentence of up to one year.
4th Degree Criminal Possession of Stolen Property
Elevating to a Class E felony, 4th Degree Criminal Possession of Stolen Property occurs when the value of the stolen property exceeds $1,000. Felony convictions in New York carry significantly harsher penalties, including imprisonment for more than one year.
3rd Degree Criminal Possession of Stolen Property
As a Class D felony, 3rd Degree Criminal Possession of Stolen Property involves stolen property valued at over $3,000. The higher felony classification reflects the increased severity and potential penalties.
2nd Degree Criminal Possession of Stolen Property
This charge, a Class C felony, is applied when the value of the stolen property is greater than $50,000. The substantial value threshold indicates a more serious offense with correspondingly stricter consequences.
1st Degree Criminal Possession of Stolen Property
The most serious charge, 1st Degree Criminal Possession of Stolen Property, is a Class B felony. It is reserved for cases where the value of the stolen property exceeds a staggering $1 million. Conviction of a Class B felony carries the most severe penalties under this statute.
Legal Presumptions and the Importance of a Property Lawyer in NYC
New York law includes legal presumptions that can impact your case. For example, if you are found in possession of stolen property, there’s a legal presumption that you intended to benefit from it or prevent its recovery by the owner. Furthermore, lacking a reasonable explanation for possessing the property can be used as a negative inference against you. It’s important to understand that it is not a valid defense to claim ignorance of who originally stole the property, or that the theft occurred outside of New York State.
Given these complexities, the guidance of an experienced property lawyer nyc is invaluable. A skilled attorney can analyze the details of your case, challenge the prosecution’s evidence, and develop a robust defense strategy to protect your rights and future. They can explain legal presumptions, explore potential defenses, and work to mitigate the potential penalties you face.
Stephen Bilkis & Associates, PLLC, with conveniently located offices throughout New York City and surrounding areas, offers experienced legal counsel for those accused of criminal possession of stolen property. For a free consultation and sound legal advice, contact them today at 800.696.9529 and take the first step towards protecting your rights with a dedicated property lawyer nyc. Whether you are in Manhattan, Queens, the Bronx, Staten Island, or Long Island, help is within reach.
