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Fourth Degree Criminal Possession Of Stolen Property: New York Penal Law 165.45
(0) Comment |Last Updated on: 3rd June 2023, 09:25 pm
Unveiling the Truth About Receiving Stolen Property in New York
Facing accusations of receiving stolen property in New York can be a truly terrifying ordeal. You, or someone you care about, may be facing potential prison time, tarnished reputation, and an ultimately devastating impact on the future. Don’t let fear take hold or think that there’s no way out – instead, educate yourself on the essential facts about these allegations and receive the critical help from a knowledgeable and experienced criminal defense attorney.
New York’s Firm Stance Against Stolen Property
New York State makes it abundantly clear: Accepting or purchasing property that you know has been stolen is a serious crime. Whether the goods were acquired through larceny, robbery, or burglary – the act of depriving someone of their rightful property constitutes theft, and it’s prosecuted to the full extent of the law.
Depending on the dollar value of the stolen goods in question, New York Penal Law 165.40 categorizes criminal possession of stolen property into various degrees, with the first-degree involving stolen goods valued at over a staggering $1 million.
Diving into Fourth Degree Criminal Possession
For cases involving stolen property valued between $1,000 and $3,000, we enter the realm of fourth degree criminal possession. This charge ensnares those who knowingly obtain stolen goods and prevent the rightful owner from reclaiming their property, typically by selling or keeping the item for their own advantage.
Beyond Reasonable Doubt: The Prosecutor’s Demanding Burden of Proof
If you find yourself entangled in accusations of fourth degree possession of stolen property in New York, remember: This is not a time for despair, but a time for fierce determination and fighting back against the charges with every shred of your being. The burden of proof falls squarely on the prosecutor’s shoulders they must present indisputable, compelling evidence that aligns with the specific elements outlined in NY Penal Code 165.45.
In order to successfully convict someone of fourth-degree criminal possession of stolen property, prosecutors are required to establish:
- Your receipt of an item that you know was illegally obtained
- A clear intent to permanently deprive the rightful owner of the item OR a clear plan to personally benefit from controlling said object
- An overall value range of stolen property falling between $1,000 and $3,000
It’s worth noting that New York law enables prosecutors to argue that the mere possession of stolen property indicates guilt, allowing the jury to presume you possessed the property knowingly.
The Punishing Reality of Fourth Degree Criminal Possession Convictions
Classified as a Class E felony, fourth degree criminal possession carries a maximum sentence of up to four years in prison. This life-altering punishment can leave an indelible mark on your future, so it’s critical to take a proactive stance by retaining an experienced New York defense lawyer who can effectively safeguard your legal rights, devise a powerful defense strategy, and skillfully navigate the complex legal system on your behalf.
Getting The Right Help: Enlist a New York Criminal Defense Lawyer to Fight for You
If you or a loved one is facing accusations of possessing stolen property, don’t delay! Take immediate action by consulting with a skilled and tenacious NYC criminal defense attorney who can guide you through this harrowing ordeal while fiercely protecting your rights and endlessly advocating for the best possible outcome. Remember, whether or not you were aware that the item was stolen at the time of receipt is immaterial what matters now is rising up against these allegations and refusing to let them destroy all the goodness that remains in your life.
| Degree | Value Range | Penalty |
|---|---|---|
| First | Over $1M | Up To 25 Years In State Prison |
| Second | $50k-$1M | Up To 15 Years In State Prison |
| Third | $3k-$50k | Up To Seven Years In State Prison |
| Fourth* | $1k-$3K | Four Years In State Prison |
*Represents the highest charge discussed in this article.