Third Degree Criminal Possession Of Stolen Property: New York Penal Law 165.50
Probably the most common felony charge of Criminal Possession of Stolen Property prosecuted by Assistant District Attorneys, New York Penal Law 165.50 is punishable by up to seven years in state prison for a first time offender. More specifically, Criminal Possession of Stolen Property in the Third Degree has a sentence range of up to two and one third to seven years in prison for an individual with no record and a minimum of two to four years and maximum of three and one half to seven years in prison for a predicate felon. As with other felony white collar crimes, it is not merely the incarceration that should concern an accused. An experienced New York criminal lawyer will explain that licenses, certifications and careers can easily be destroyed even without a conviction. Moreover, because this is a crime of “moral turpitude,” a non-citizen in the United States can have significant immigration problems as a result of a NY PL 165.50 arrest, indictment or conviction.
- Theft Convictions: Collateral Consequences
- Theft Crimes Sentencing Guidelines
- Defenses to Theft & Larceny
Defining Third Degree Criminal Possession of Stolen Property
Simply put, if you possess stolen property and you do so with the intent to benefit yourself or prevent the rightful owner from getting his or her property back, then you are guilty of misdemeanor Criminal Possession of Stolen Property pursuant to New York Penal Law 165.40. However, if the value of the property stolen exceeds $3,000, but is no greater than $50,000, then Third Degree Stolen Property is the offense that law enforcement will charge you with. Unlike some of the lower level Criminal Possession of Stolen Property offenses that are often associated with shoplifting or other “regular” thefts, NY PL 165.50 is often associated with Embezzlement crimes and other offenses including:
- Third Degree Grand Larceny (NY PL 155.35)
- 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)
Acting Fast: Potential Issues with an NY PL 165.50 Arrest
If you are not familiar with the term “indictment,” consult with a criminal lawyer immediately. Briefly, if prosecutors want to move forward on felony charges, they must obtain an indictment from a Grand Jury. In the event you are in custody and bail is set, they have a matter of days to do so. Otherwise, you must be released from custody. Make no mistake. Prosecutors have no intention of allowing you to “walk” on a felony of this magnitude if they believe it is a viable case. Therefore, New York Assistant District Attorneys have an incentive to rush into the Grand Jury. Once they do so, it is extremely difficult to work backwards and reduce the case to a lesser crime.
While you may decide that a factual or evidentiary angle is your best defense to your Criminal Possession of Stolen Property in the Third Degree arrest, mitigation may be a route you should consider. Because of this small window of time given to prosecutors, it is critical to not just identify and implement your defense, but to have your criminal lawyer reach out to prosecutors to slow down the felony process if possible. Again, this defense may not be the one you choose, but you should explore all of your defenses before the prosecution’s hand is forced into an indictment.
Although it is difficult to educate yourself on potential crimes before they occur, it is never too late to learn about the law. A thorough review of this website as well as the white collar section of CrottySaland.Com and the NewYorkCriminalLawyerBlog.Com will reveal ample information on these crimes, statutes and legal decisions. The NewYorkTheftAndLarcenyLawyersBlog.Com is a tremendous resource as well.
With this information in hand, contact the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC. Vet your case, identify your defenses and put that defense into motion. Protect yourself today and secure your future well beyond tomorrow.
Call the New York City & Westchester County Stolen Property Lawyers at Crotty Saland PC at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now