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Fourth Degree Criminal Possession Of Stolen Property: New York Penal Law 165.45
In New York, it is a crime to accept or buy property that is the result of a larceny or another type of theft crime such as robbery or burglary. In both instances, a person no longer has access to their property such as money, jewelry or vehicle. It’s been permanently taken from them.
The problem for you or your loved one is that you may be accused of violating New York Penal law 165.40. The statute makes receiving stolen property a crime in the Big Apple. The state has different degrees of receiving stolen property because of the dollar amount of the property. For example, first degree criminal possession of stolen property is obtaining stolen goods valued higher than million. The penalty for that degree is 25 years in state prison.
What is criminal Possession of Stolen Property in the Fourth Degree?
criminal possession of stolen property in the fourth degree refers to acquiring stolen goods and keeping it from the true owner. It also involves obtaining stolen property for some kind of personal benefit such as keeping the item or selling it.
What makes it a fourth degree crime is the value of the stolen property. Any stolen item with the value ranging from $1,000 to $3,000. Thus, if you are accused of taking stolen property valued at $2,000, you could be charged with possession of stolen goods in the fourth degree.
Prosecutors Must Prove Beyond Reasonable Doubt that You Received Stolen Property
Please remember that this is the time to fight. Do not let fear make you too scared to fight. Prosecutors have the responsibility of proving to a jury that you actually committed the crime of receiving stolen goods. The definition outlined in New York Penal Code 165.45 are separated into elements. Prosecutors are required to use these elements and any evidence they have to show your guilt beyond a reasonable doubt.
The three elements prosecutors must prove to convict you of fourth degree possession of stolen property are:
• You received stolen property. Receiving the stolen property means that it was given to you or you purchased it.
• You had one of two intentions after you receiving the stolen property. You intended to permanently deprive the true owner of their property. If you didn’t intend to deprive them of the property, you were going to benefit from having their property. This benefit could be using the property or selling it again.
• The stolen property’s value ranged from $1,000 to $3,000.
New York law does make it easier for prosecutors to prove guilty. The court can instruct the jury at your trial to presume you possessed stolen property. Why? It is up to the jury to make this inference if they believe prosecutors clearly established the first element. This means all prosecutors must do is clearly establish knew the property was stolen to prove that element.
Punishment for a Class E Crime in New York
Fourth degree receiving stolen goods crime is a Class E felony. This means prison time, if you’re convicted. The sentence for receiving stolen property in the fourth degree is four years in prison.
Speak to a New York criminal Defense Lawyer about Your Stolen Property Charge
If you or your loved one was accused of possessing stolen property, don’t volunteer any information. You should let them know that you didn’t know the property was stolen. This fact can be used against in a court of law. Instead, speak to a New York defense lawyer.
Whether you knew the property was stolen or had no idea, you have the right to protect your legal rights and fight the charge. A criminal defense lawyer can even get your case dropped or reduced to a lesser charge. For example, fifth degree stolen property is a lesser charge. It is a misdemeanor punishable by one year in county jail. Thus, it is helpful to get the charged downgraded.
Contact us today to start fighting your criminal charge.
Don’t deal with Fourth Degree criminal Possession Of Stolen Property: New York Penal Law 165.45 alone. Speak to the Spodek Law Group today.
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Fourth Degree Criminal Possession Of Stolen Property: New York Penal Law 165.45
Criminal possession of stolen property is a law falling into the realm of theft offenses. The motivation for the theft doesn’t matter. Possession means that the item is stolen and the defendant was in possession of the item. It doesn’t necessarily mean that the defendant themselves stole the item. While many people who are in possession of stolen property may claim that they didn’t know the item is stolen, this is only a successful defense IF you have an attorney who is skilled enough to prove that, yes, you were in possession of stolen property but truly and sincerely had no idea that it was stolen. These matters DO happen, especially in a world where people buy so many things online without knowing the origins of the items. This is always a successful defense, though. Only a skilled attorney is going to know which defense is correct for your specific case.
Fourth degree criminal possession of stolen property is defined by many different things in New York Penal Law 165.45. We’ll get to all of those things in a moment. Before that, though, it’s important to know the dollar amounts of this degree of criminal possession of stolen property. If you’re charged with fourth degree criminal possession of stolen property, it means you are accused of possessing stolen property that is worth MORE than $1,000 but less than $3,000. This is a very important range to consider because anything outside of this range will result in a different charge. criminal possession of stolen property is only in the fourth degree if you’re accused of stealing between ,000-,000 worth of property.
The Many Stipulations Of This Law
A full explanation of this law can be found on New York’s courts website. We hope to simplify this for you here in a way that’s easy to understand so that you don’t have to read the full statute.
When you knowingly possess stolen property and intend to benefit yourself or another person with the property, or you try to halt recovery of the property by the owner, you are possibly guilty of fourth degree criminal possession of stolen property. There are other things, though, that go along with this in order for it to meet the definition of this statute. The aforementioned worth of the item as over ,000 is the first thing that will bring it into the realm of fourth degree criminal possession stolen property. Among the other things are:
– The property can also be a credit or debt card or another type of card (public benefit card)
– If the property is a motor vehicle and the value exceeds $100, then you also might face this charge (can’t be a motorcycle).
– Scroll, religious vestment, or other property that is used for religious worship if it’s worth more than $100
– If the property is liquid ammonia or anhydrous ammonia… IF it’s to be used in the manufacturing of methamphetamine.
Felony Class
criminal possession of stolen property in the fourth degree is considered a class E felony. These types of felony are the least serious type of felony, but don’t let that deter you from seeking serious counsel immediately. Even the least serious type of felony is going to be very serious and can still carry up to 3 years in prison, something we assume that the majority of people out there don’t want to do. In addition to prison time, you’re still going to have a felony on your record which can later make it difficult for you to get the kind of job you want, the residence you want, as well as things like financial aid for school or even some type assistance from government programs. In the majority of cases, a felony is a felony and will affect the rest of your life. Don’t settle for the lowest felony when hiring a lawyer can get your charges reduced to something less serious.
Call Today
Our team of lawyers has vast experience in prosecution. This means we KNOW how prosecutors think because we are prosecutors. We’re likely to understand the types of things that a prosecutor will respond to and we’ll work hard to get your case either dismissed, reduced to a lesser charge, or in the event of someone coming to us to represent them during sentencing, we’ll make sure that you get the lightest possible sentence. Whatever your ideal outcome is, we can obtain it for you!
Call us today or write to us here to see what our tough team of experienced lawyers can do to protect you from being convicted of fourth degree criminal possession of stolen property. No matter what your situation is, we can get you the best possible outcome for your case.