Fourth Degree Criminal Possession Of Stolen Property: New York Penal Law 165.45
Although it is classified as the lowest level of the felony charges relating to Criminal Possession of Stolen Property, New York Penal Law 165.45(1) is far from insignificant. In fact, if you have no prior history with law enforcement or any arrest record, a conviction for violating Criminal Possession of Stolen Property in the Fourth Degree can land you in state prison for up to one and one third to four years. Beyond this potential sentence, your criminal lawyer can explain how any felony conviction can, and often does, result in the loss of professional licenses and certifications. Even more concerning, these collateral consequences may result in the loss of your job (does your employer, such as the Department of Education, require that you notify them of an arrest?), or complications with your status in the United States if you are not an American citizen.
- Theft Convictions: Collateral Consequences
- Theft Crimes Sentencing Guidelines
- Defenses to Theft & Larceny
Understanding Criminal Possession of Stolen Property in the Fourth Degree
Criminal Possession of Stolen Property in the Fourth Degree is the “twin offense” of Grand Larceny in the Fourth Degree (New York Penal Law 155.30). While the former is for the knowing possession of stolen property that you control for your own benefit or to prevent the rightful owner from obtaining, the latter is for the taking of that same property. The threshold issue that differentiates this crime from the misdemeanor offense of Criminal Possession of Stolen Property in the Fifth Degree is the value of the property allegedly stolen. In the event that value is in excess of $1,000, but no more than $3,000, then NY PL 165.45(1) is the applicable crime prosecutors will charge in a felony complaint or before a Grand Jury. Remember, an arrest or indictment for Criminal Possession of Stolen Property does not in any way prevent prosecutors from bringing other equal and more serious felony charges. These other crimes can include:
- Fourth Degree Grand Larceny (NY PL 155.30)
- 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)
Arrest & Grand Jury in a Felony Stolen Property Case
Any felony arrest is a dangerous and potentially crippling one. Assuming you have not been indicted by a Grand Jury pre-arrest (this is called an “NA” indictment), once you are arrested on a felony complaint prosecutors have the ability to present your case to this legal body. While you should have an in depth conversation with your New York criminal lawyer as to the Grand Jury process and what it means, the important thing you should recognize is that once a Grand Jury votes an indictment, your ability to negotiate or resolve the case without a felony becomes exponentially more difficult. This may even mean a trial. In short, do not wait to identify and implement your defense whether it is one based on mitigation or one based on facts. Timing may be critical.
To better understand Criminal Possession of Stolen Property and other white collar crimes, contact the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC. Before or after doing so, review CrottySaland.Com as well as this website. Additionally, peruse the NewYorkCriminalLawyerBlog.Com and its theft and white collar crime section as well the NewYorkTheftAndLarcenyLawyersBlog.Com. There you will not only find our thoughtful and legal analysis of the criminal code, legal cases and matters in the New York area news, but a practical review as well.
Call the Brooklyn & New York City Stolen Property Lawyers at Crotty Saland PC at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now