First Degree Criminal Possession Of Stolen Property: New York Penal Law 165.54
There is no greater or potentially more devastating white collar crime or theft offense in New York than Criminal Possession of Stolen Property in the First Degree. While your criminal lawyer may be confronted with different legal issues than you would face if charged with Grand Larceny in the First Degree, Enterprise Corruption or Money Laundering in the First Degree, the ramifications and collateral consequences for these crimes are all the same. That is, if you are convicted of New York Penal Law 165.54, you will face a mandatory minimum sentence of one to three years and a maximum sentence of up to eight and one third to twenty five years in state prison. Even worse, if you have a prior felony record from the past ten years, your minimum time for incarceration would be four and one half to nine years while the maximum would be twelve and one half to twenty five years.
- Theft Convictions: Collateral Consequences
- Theft Crimes Sentencing Guidelines
- Defenses to Theft & Larceny
Understanding First Degree Criminal Possession of Stolen Property
On its face, NY PL 165.54 is a fairly straightforward offense. Unfortunately, however, any knowledgeable New York criminal lawyer will explain that this is far from the truth. A criminal attorney experienced in New York theft crimes and larceny laws will explain that the possession of stolen property is, by its nature, the end result of an alleged criminal scheme. Because of this, how you craft your defense may depend on whether your scheme was, for example, part of an Embezzlement, Extortion or some other fraud.
At its most basic level, you are guilty of Criminal Possession of Stolen Property in the First Degree if you possess property that is stolen and you do so to seek a personal benefit or to prevent the owner of the property from retaining what is allegedly stolen. While this is merely the foundation of NY PL 165.54, what enhances the offense to a “B” felony is the value of the stolen property you allegedly possess. Whether the property consists of United States currency, Apple computers or the newest flat panel televisions, if the value exceeds $1,000,000, then you are guilty of First Degree Criminal Possession of Stolen Property. Keep in mind that because this crime is often perpetrated over extended periods of time, prosecutors may be able to aggregate the value of the property they claim was stolen.
Other Crimes and Legal Issues Associated with NY PL 165.54
It is fairly rare for Criminal Possession of Stolen Property in the First Degree to sit alone on an island as the only crime charged in a felony theft scheme, arrest or indictment. In fact, throughout New York City, Westchester and other suburban counties, prosecutors often charge New York Penal Law 165.54 along with other white collar felony offenses including:
- First Degree Grand Larceny (NY PL 155.42)
- Forgery (NY PL 170.10)
- Second Degree Criminal Possession of a Forged Instrument (NY PL 170.25)
- First Degree Offering a False Instrument for Filing (NY PL 175.35)
- First Degree Falsifying Business Records (NY PL 175.10)
- Enterprise Corruption (NY PL 460.20)
- Residential Mortgage Fraud (NY PL Article 187)
For better or worse, each investigation, arrest, indictment or trial in New York for theft crimes such as Criminal Possession of Stolen Property is unique. As a result, the defenses and mitigation of these cases are managed as such. Where search warrants and “telephone taps” executed by law enforcement? If so, do you have grounds to challenge the fruits of these actions? Does the “paper trail” not represent what actually happened or did law enforcement misunderstand transactions? Maybe you have the means to pay back what you have taken or the amount prosecutors claim you possessed is completely wrong. Alternatively, maybe this amount is off enough to warrant a downward departure to a lesser charge. Is it possible that you have information to share with law enforcement or you can mitigate your conduct through other means? While your potential defenses may develop and grow as you and your counsel thoroughly vet your case, acting quickly can mean the difference between controlling and minimizing the damage or spending years behind bars with nothing more than a bleak future.
To educate yourself on Criminal Possession of Stolen Property and other white collar crimes in New York, a review of this website as well as CrottySaland.Com will put you on the right path. Beyond these websites, reading the NewYorkCriminalLawyerBlog.Com’s theft, fraud and white collar crime sections as well as the NewYorkTheftAndLarcenyLawyersBlog.Com will reveal more materials on the statutes, legal decisions and newsworthy cases. With this information at your side, contact the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC to take the first step to protect yourself today and well beyond tomorrow.
Call the New York City, Queens & Westchester Stolen Property Lawyers at Crotty Saland PC at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now