Uh oh, were you or someone you care about accused of possessing stolen property in New York? Yeah, I’ve been there. It’s scary stuff that can land you in jail if convicted. But don’t freak out just yet! This article will break down the law, penalties, and defenses for stolen property charges in NY. I’m here to educate and empower you during this stressful time.
What is Possession of Stolen Property in New York?
In NY, it’s illegal to possess property that you know was obtained through criminal means[1]. The stolen item could be anything – a car, jewelry, electronics, etc. To convict you, prosecutors must prove:
- You possessed the property
- You knew the property was stolen
- You intended to benefit yourself or others by keeping it from the owner
Mere possession isn’t enough – the prosecution must establish your mental state and intent.
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(212) 300-5196What Are the Charges and Penalties for Possessing Stolen Property in NY?
Charges and penalties vary based on the value of the stolen goods[2]:
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You bought a laptop from someone on Facebook Marketplace for a suspiciously low price, and two weeks later police showed up at your door saying the serial number matched a stolen device from a recent burglary. Now you're facing a criminal possession of stolen property charge even though you had no idea the laptop was stolen.
Can I really be charged with possession of stolen property if I genuinely didn't know the item was stolen when I bought it?
Under New York Penal Law § 165.40 through § 165.54, criminal possession of stolen property requires that you knowingly possessed stolen property with the intent to benefit yourself or someone other than the owner. However, prosecutors can use circumstantial evidence — like an unreasonably low price or suspicious selling conditions — to argue you should have known the property was stolen. A strong defense strategy would challenge the knowledge element by demonstrating you had no reason to suspect the item was stolen and took reasonable steps as a buyer. An experienced attorney can also negotiate with the DA's office to potentially reduce or dismiss the charges, especially for a first offense.
This is general information only. Contact us for advice specific to your situation.
- Petit larceny (<$1,000) – Class A misdemeanor
- Grand larceny (>$1,000) – Class E felony
Potential penalties include up to 1 year in jail for a misdemeanor or up to 4 years in prison for a felony. Fines, probation, restitution, and a criminal record are also possible.
