First Degree Criminal Possession Of Stolen Property: New York Penal Law 165.54

Theft is one of the biggest problems in the state of New York and throughout the United States as a whole. There are many different statutes relating to theft crimes. One of those is New York’s Penal Law 165.54, which is criminal possession of stolen property in the first degree. This is a very serious charge that warrants a person immediately retaining a criminal defense attorney if they find themselves facing such a charge.

What is Criminal Possession of Stolen Property in the First Degree as Per New York Penal Law 165.54?

Criminal possession of stolen property in the first degree is one of the most serious white collar crimes in New York. A person can be found guilty of this crime and subsequently convicted if they possess stolen property and obtain that property to personally benefit from it or prevent the owner of the property from having it. There are many items that can be the possible stolen property, whether it includes cash, an expensive computer and a television set. In any case, if the property the individual has stolen has a value greater than $1 million, they can be found guilty of first degree criminal possession of stolen property as per the New York Penal Law 165.54. Generally speaking, this is a crime that takes place over a lengthy period of time, rather than in a onetime instance. As a result, the prosecution may be able to determine the value of all the property that was stolen.

This charge can also be placed against a person who has received stolen goods to become the “new” owner. If the person then sells or attempts to sell the property, they do not have the legal right to do so. Likewise, it is illegal for the person to give the property away.

Elements Required for Conviction

It’s important to note that merely possessing stolen property doesn’t necessarily mean the person will be charged with the crime. There are three key elements the prosecution needs in order to convict a defendant of criminal possession of stolen property in the first degree. They include the following:

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Legal Scenario: What Would You Do?

Scenario

You purchased a used luxury vehicle from a private seller at a suspiciously low price, and police later showed up at your home saying the car was stolen and worth over $1 million. You had no idea the vehicle was stolen when you bought it, but detectives are now saying you're being charged under Penal Law 165.54.

Can I really be charged with first degree criminal possession of stolen property if I didn't know the car was stolen when I bought it?

Attorney's Answer

Under New York Penal Law 165.54, first degree criminal possession of stolen property requires that the value of the property exceed one million dollars and that you knowingly possessed it with intent to benefit yourself or someone other than the rightful owner. The prosecution must prove beyond a reasonable doubt that you knew or should have known the property was stolen — a price far below market value can be used as circumstantial evidence of that knowledge. However, a strong defense can challenge the knowledge element by showing you acted as a good-faith purchaser with no reason to suspect the vehicle was stolen. Given that this is a Class B felony carrying up to 25 years in prison, you need experienced legal counsel immediately to protect your rights and build a defense strategy.

This is general information only. Contact us for advice specific to your situation.

• The individual knowingly possesses property that belongs to another person
• The individual knows that the property was stolen
• The individual obtained the property for their own benefit, may have received it to benefit another person who was the original theft and the property was stolen specifically to prevent the owner from having and benefiting from it

Penalties and Sentences for First Degree Criminal Possession of Stolen Property Per Penal Law 165.54

New York classifies criminal possession of stolen property in the first degree as a class B felony. As a result, the individual who is convicted of the crime can receive a harsher sentence if they have a prior criminal conviction on their record. In general, the person can receive up to 25 years in prison and a hefty fine. A person convicted who has a previous conviction from over 10 years earlier or one who doesn’t have a previous conviction can also receive the same sentence, although the judge may be slightly lenient in some cases.

Possible Defenses for Criminal Possession of Stolen Property in the First Degree