Second Degree Criminal Possession Of Stolen Property: New York Penal Law 165.52
With each higher degree of Criminal Possession of Stolen Property, the stakes get equally greater. In fact, Criminal Possession of Stolen Property in the Second Degree is such a significant offense in the New York Penal Law that it can result in a sentence of up to fifteen years in state prison. While a first time offender can get a sentence range of up to five to fifteen years, a prior felon will face a mandatory minimum of three and one half to seven and a maximum of seven and one half to fifteen years in state prison if convicted of New York Penal Law 165.52. If these potential sentences are not an incentive enough to immediately discuss your case with an experienced New York criminal lawyer with practical experience in Criminal Possession of Stolen Property crimes, then the following should be. Not only is NY PL 165.52 a crime of “moral turpitude” and one in which a non-citizen can be deported, an arrest, indictment or conviction for this offense can prevent you from practicing medicine, law or even teaching. While it is the conviction that is usually central in such cases, employers and licensing agencies from the Department of Education through FINRA can and often do investigate these crimes outside the criminal courts.
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- Theft Crimes Sentencing Guidelines
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Understanding Second Degree Criminal Possession of Stolen Property
Criminal Possession of Stolen Property in the Second Degree is New York’s second highest theft related crime. In fact, the financial or value numbers that are part of this crime touch levels that many people could not fathom. Although broad, if you possess stolen property valued in excess of $50,000 but no more than $1,000,000, and you do so with the intent either to benefit yourself or to prevent the owner of the property from retaining it, then you are guilty of this crime.
Generally speaking, because the dollar amounts or the type or property needed to reach these values is quite high, often time arrests and indictments for NY PL 165.52 are the product of an extensive and long term law enforcement investigation. Furthermore, prosecutors may even vote out an indictment before a target is arrested (a/k/a, an “NA” indictment). If not, one of the many immediate discussions you should have with your criminal defense attorney is the bail process and possible number that a judge may set. It is likely that prosecutors will be looking to keep you in custody during the pendency of the case.
Crimes Associated with Second Degree Criminal Possession of Stolen
While the possession of stolen property valued between approximately $50,000 and $1,000,000 violates this statute, the theft of the same violates New York Penal Law 155.40, Grand Larceny in the Second Degree. Other than this crime, other offenses that may be charged are:
- 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)
Make no mistake. Other than “B” white collar felonies, the “C” felony of Criminal Possession of Stolen Property in the Second Degree is an extremely serious charge that demands immediate assistance from an experienced white collar criminal defense attorney. Although no lawyer can guarantee a particular outcome, the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC fully recognize the gravity and collateral consequences of this type of charge. Not only do we have the first hand experience to work with you to determine what we believe will be your strongest defense, we have experience litigating the issues of law that may be the basis of that defense. Whether we determine challenging the legal value of the alleged stolen property, the means in which searches were conducted or that mitigation of your conduct is the best defense, the criminal lawyers at Crotty Saland PC will fight to protect your rights today as well as your livelihood well beyond tomorrow.
To better understand the various white collar crimes in New York as they relate to theft and larceny, please review both this website and CrottySaland.Com. Moreover, our NewYorkTheftAndLarcenyLawyersBlog.Com and NewYorkCriminalLawyerBlog.Com both are significant resources for information ranging from analysis of cases in the news to criminal statutes and legal decisions. It is never too late to arm yourself with knowledge.
Call the Manhattan & NY Stolen Property Attorneys at Crotty Saland PC at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now