Facing charges for Criminal Possession of Stolen Property on Long Island can be intimidating due to severe penalties. If charged in Nassau or Suffolk County, understanding the legal framework, penalties, and defenses is crucial.
At The R.M.L. Law Firm, PLLC, our Long Island fraud crimes defense attorneys understand the complexities of these cases and are committed to protecting your rights and providing a robust defense. We handle all theft-related charges, such as shoplifting, identity theft, and credit card fraud.
Here, we break down what you need to know about criminal possession of stolen property in New York.
What Is Criminal Possession of Stolen Property?
Under New York law, Criminal Possession of Stolen Property (CPSP) occurs when a person knowingly possesses property that has been stolen with the intent to benefit themselves or someone else, or to impede the rightful owner’s ability to recover the property. The key factors in determining guilt are knowledge of the property’s stolen status and intent to benefit from its possession.
There are five degrees of CPSP in New York, ranging from a misdemeanor to a felony, depending on the value of the stolen property and other factors. Charges can also be elevated if the stolen property is a firearm, vehicle, or valuable art.
5 Types of Criminal Possession of Stolen Property Charges in New York
The severity of the charge depends on the value of the property stolen and other circumstances of the case.
Below are the five degrees of Criminal Possession of Stolen Property under New York Penal Law:
- Fifth Degree (Class A Misdemeanor): Possession of stolen property valued at $1,000 or less. This charge carries a maximum sentence of up to one year in jail and fines.
- Fourth Degree (Class E Felony): Possession of stolen property valued at more than $1,000 but less than $3,000, or possession of stolen vehicles, firearms, or religious items. A conviction can result in up to four years in prison.
- Third Degree (Class D Felony): Possession of stolen property valued at more than $3,000 but less than $50,000. A conviction for third-degree CPSP can lead to up to seven years in prison.
- Second Degree (Class C Felony): Possession of stolen property valued at more than $50,000 but less than $1,000,000. A conviction carries a potential prison sentence of up to 15 years.
- First Degree (Class B Felony): Possession of stolen property valued at $1,000,000 or more. This is the most serious CPSP charge and can result in a maximum of 25 years in prison.
Penalties for Criminal Possession of Stolen Property
The penalties for Criminal Possession of Stolen Property in New York vary widely, depending on the degree of the charge, the value of the stolen property, and whether you have prior convictions. Some potential penalties include:
- Incarceration: Jail or prison sentences range from up to one year for misdemeanor charges to 25 years for first-degree felonies.
- Fines: Fines vary based on the severity of the charge but can range up to tens of thousands of dollars.
- Restitution: You may be required to compensate the rightful owner for the value of the stolen property.
- Probation: In some cases, you may receive probation instead of or in addition to a jail sentence.
Factors That Affect These Charges
Several factors can influence the severity of the charges and potential penalties for criminal possession of stolen property in New York:
- The value of the stolen property: As outlined above, the higher the value, the more severe the charge.
- Type of property: Possession of certain items, such as firearms, vehicles, or religious artifacts, can elevate the charges.
- Prior criminal history: If you have a prior criminal record, especially for similar offenses, it can lead to harsher penalties.
- Location of the offense: Where the offense occurred (e.g., Nassau County, Suffolk County) can affect the way the case is prosecuted.
Strong Defenses for Criminal Possession of Stolen Property Charges on Long Island
Being charged with Criminal Possession of Stolen Property in Nassau or Suffolk County doesn’t automatically mean a conviction. An experienced Long Island stolen property criminal defense attorney can develop a strong defense strategy based on the facts of your case, ensuring your rights are protected. Below are some defenses that may be available, depending on the circumstances:
Lack of Knowledge
To convict you of possession of stolen property, the Nassau or Suffolk County District Attorney must prove that you knew the property was stolen. If you were unaware of the item’s origin, this defense could be key to having your charges dropped or reduced.
For example, if you bought an item from a pawn shop in Nassau or Suffolk County, and it was stolen, your lawyer could argue you didn’t know. Without clear signs, like a suspiciously low price, proving knowledge will be difficult for the prosecution.
Lack of Intent
The prosecution must also demonstrate that you intended to deprive the rightful owner of their property or benefit from it. If you were simply in temporary possession of the item without any intent to benefit, your attorney can use this to argue against the charges.
For instance, let’s say you borrowed a car from a friend in Mineola without knowing it was stolen. If you had no intent to keep or benefit from the car and were merely using it with the assumption that your friend owned it, the prosecution will struggle to prove intent.
Temporary or Inadvertent Possession
In some cases, people are found in possession of stolen property for only a brief period or by accident. For instance, if a stolen item was left in your home or vehicle by someone else, you may have been unaware of its presence. This defense can be particularly useful when police discover the stolen property in a shared space, such as a car or apartment, where you may not have known the property was there.
For example, if you were driving a group of people through Hempstead, and a passenger left stolen goods in your vehicle, your defense attorney could argue that you did not knowingly possess the stolen property.
Mistaken Identity
It’s not uncommon for individuals to be wrongly identified as possessing stolen goods. If you were arrested for a crime someone else committed, or for stolen property found in a location accessible to multiple people, you could argue mistaken identity.
Illegal Search and Seizure
The Fourth Amendment protects you from unreasonable searches and seizures by law enforcement. If police officers violated your constitutional rights by conducting an illegal search—such as searching your home, car, or person without a warrant or probable cause—your attorney can file a motion to suppress the evidence obtained from that search.
For example, if police pulled you over in Suffolk County and searched your car without a valid reason, your attorney may argue that any items found should be suppressed. If successful, the prosecution’s case may weaken significantly, potentially leading to complete dismissal of the charges.
Claim of Right
In some cases, you may have a legitimate claim to the property, believing that you had a right to possess it. This defense, known as a claim of right, is available when you can show that you believed, in good faith, that you were entitled to the property.
For instance, if there was a misunderstanding or dispute over the ownership of the property (e.g., you thought the item was a gift or payment for services), your defense attorney can present evidence to support that you believed the property was yours to possess. This defense is often successful when the facts of the case demonstrate a reasonable and honest mistake.
Lack of Evidence
In many criminal cases, the prosecution’s evidence may be circumstantial or insufficient to prove your guilt beyond a reasonable doubt. Your attorney will carefully scrutinize the evidence against you, looking for weaknesses, inconsistencies, or gaps in the prosecution’s case.
For example, if arrested in Riverhead for possessing a stolen vehicle, your attorney can argue insufficient evidence linking you. Your lawyer may challenge witness testimony or question the chain of custody to weaken the prosecution’s case.
Why You Need an Experienced Long Island Criminal Defense Attorney
If facing charges for Criminal Possession of Stolen Property in Nassau or Suffolk County, work with an experienced attorney. A skilled lawyer can assess the evidence, challenge the prosecution, and tailor a defense strategy to your case.
At The R.M.L. Law Firm, PLLC, we have extensive experience defending clients on Long Island against theft-related charges. Whether you’re facing misdemeanor or felony charges, we will fight to protect your rights.
If you’ve been charged with Criminal Possession of Stolen Property on Long Island, don’t wait to seek legal help. The consequences of a conviction can be life-changing, but an experienced defense attorney can make all the difference.
At The R.M.L. Law Firm, PLLC, we’re here to help. Contact us to schedule a free and confidential consultation. Let us fight for your rights and help you move forward.
